
fJass t^ I jL, 



ALASKAN BOUNDARY TRIBUNAL. 



THE 



CASE OF THE UNITED STATES 



BEFORE THE 



TRIBUNAL CONVENED AT LONDON 



UNDER THE 



PROVISIONS OF THE TREATY BETWEEN THE UNITED 

STATES OF AMERICA AND GREAT BRITAIN 

CONCLUDED JANUARY 24, 1903. 



WASHINGTON : 

GOVERNMENT PRINTING OFFICE. 

1903. 



P-I 



JLi> 



FEB 13 1904 
D.ofD. 



V 



CONTENTS OF THE CASE. 



Page. 

Introductory statement 1 

The Northwest Coast of America 4 

The ukase of September 4/16, 1821 9 

The negotiations of 1822 and 1823 11 

The American negotiations of 1824 36 

The British negotiations of 1824 and 1825 40 

Kesults of the negotiations 63 

Negotiations between the United States and Russia relating to a renewal of 

trading privileges 69 

Russian occupation 72 

Control of the Indians 73 

The conduct of tlie fur trade 75 

The affair of the Dryad 77 

Surveys along the lisihr 80 

Cession of the territory to the United States 82 

The evidence of the maps 84 

American occupation. 

Administration of the mihtary authorities 86 

Operations of the navy 90 

Exercise of jurisdiction by judicial authorities 95 

Exercise of authority by revenue officers 97 

Scliools, census, mines, and control of the Indians 99 

Statement in conclusion 102 

III 



THE CASE OF THE UNITED STATES. 



INTRODUCTORY STATEMENT, 

The United States and Great Britain entered into a convention at 
Washington on Januai*}' 24, 1903, whereby the}' created a tribunal to 
consider and decide certain questions as to the delimitation of the 
boundary line between the Territory of Alaska and the British Pos- 
sessions in North America, which had been the sul)ject of controversy 
between the high contracting parties since 1898. 

The third and fourth articles of the convention provide as follows: 

Article III. 

It is agreed by the high contracting parties that the tribunal shall cone^ider in 
the settlement of the questions submitted to its decision the Treaties respectively 
concluded between His Britannic Majesty and the Emperor of All the Eussias under 
date of 28/16 February, A, D. 1825, and between the United States of America and 
the Emperor of All the Russias concluded under date of March 30/18, A. D. 1867: 
and particularly the Articles III, IV, V, of the first-mentioned treaty, which in the 
original text are word for word as follows: 

"La ligne de demarcation £ntre les possessions des hautes parties contractantes 
sur la cote du continent et les iles de I'Amerique Nord-Ouest, sera tracee ainsi qu'il 
suit: 

"A partir du point le plus meridional de I'lle dite Prhice of Wales, lequel point 
se trouve sous la parallele du 54""= degre 40 minutes de latitude Nord, et entre le 
131'™ et 133""-' degre de longitude Quest (Meridien de Greenwich), la dite ligne 
remontera au Nord le long de la jjasse dite Portland Channd, jnsqu'au point de la 
terre ferme ou elle atteint le 56'"" degre latitude Nord; de ce dernier point la ligne 
de demarcation suivra la crete des montagnes situees parallelement a la cote, 
jus(iu'au point d' intersection du 131""" degre de longitude Quest (meme Meridien), 
et tinalement, du dit point d' intersection, la meme ligne meridienne du 141'"<= 
degr6 formera, dans son prolongement jusqu'a la Mer Glaciale, la limite entre les 
possessions russes et britanniques sur le continent de I'Amerique Nord-Ouest." 
21528—03 1 1 



2 THE CASE OF THE UNITED STATES. 

IV. 

" II est entendu, par rapport a la ligne de doiuarration determinee dans Particle 
precedent; 

"1. Que I'lle dite Prince of ^yales appartiendra toute entiere ii la Eussie. 

"2. Que partout ou la crete des montagnes qui s'^tendent dans une direction 
parallcle a la cute depuis le 56me degre de latitude Hord au point d' intersection du 
141 me degre de longitude ouest, se trouveroit a la distance de plus de dix lieues 
marines de I'oc^an, la limite entre les Possessions Britanniques et la lisiere de cote 
mentionnee ci-dessus comme devant appartenir a la Eussie, sera form^e par une ligne 
paralC'le aux sinuosites de la cote, et qui ne pourra jamais en etre eloign^e que de 
dix lieues marines." 

V. 

"II est convenu, en outre, que nul etablissement ne sera forme par I'une des deux 
Parties dans les limites que les deux Articles precedens assignent aux possessions de 
I'autre. En consequence, les sujets britanniques ne formeront aucun Etablissement 
soit sur la cote, soit sur la lisiere de terre ferme comprise dans les limites des posses- 
sions russes, telles qu'elles sont designees dans les deux Articles precedens; et, de 
meme, nul etablissement ne sera forme par des sujets russes au-dela des dites 
limites." 

The tribunal shall also take into consideration any action of the several govern- 
ments or of their respective representatives preliminary or subsequent to the conclu- 
sion of said treaties, so far as the same tends to show the original and effective under- 
standing of the parties in respect to the limits of their several territorial jurisdictions 
under and by virtue of the i>rovisions of said treaties. 

Article IV. 

Eeferring to Articles III, IV, and V of the said treaty of 1825 the said tribunal 
shall answer and decide the following questions: 

1. What is intended as the )>oint of commencement of the line? 

2. "What cliannel is the Portland Channel? 

.3. What course should the line take from the point of commencement to the 
entrance to Portland Channel? 

4. To what point on tlu' 56th parallel is the line to l)e drawn from the head of the 
Portland Channel, and what course should it follow between these points? 

5. In extending the line of demarcation northward from said point on the par- 
allel of the 56th degree of north latitude, following the crest of the mountains sit- 
uated ])arallel to the coast until its intersection with the 141st degree of longitude 
west of (Treenwich, subject to the condition that if such line should anywhere 
exceed the distance of ten marine leagues from the ocean then the boundary between 
the British and the Eussian territory should be formed by a line parallel to the 
sinuosities of the coast and distant therefrom not more than ten marine leagues, was 
it the intention and meaning of said convention of 1825 that there should remain 
in the exclusive i)ossession of Eussia a continuous fringe or strip of coast on the 
mainland, not exceeding ten marine leagues in width, separating the British Pos- 



INTKODKCTORY STATEMENT. d 

sessions from the bays, ports, inlets, havens, and waters of tlie ocean, and extending 
from the said point on the 56th degree of latitude north to a point where such line 
of demarcation should intersect the 141st degree of longitude west of the meridian 
of Greenwich? 

6. If the foregoing question should be answered in the negative, and in the event 
of the sumunt of such mountains proving to be in places more than ten marine 
leagues from the coast, should the width of the lisiere which was to belong to Russia 
be measured (1) from the mainland coast of the ocean, strictly so-called, along a 
line perpendicular thereto, or (2) was it the intention and meaning of the said con- 
vention that where the mainland coast is indented by deep inlets, forming part of 
the territorial waters of Russia, the width of the lisiere was to be measured (a) from 
the line of the general direction of the mainland coast, or (b) from the line separat- 
ing the waters of the ocean from the territorial waters of Russia, or (c) from the 
heads of the aforesaid inlets? 

7. What, if any exist, are the mountains referred to as situated parallel to the 
coast, which mountains, when within ten marine leagues from the coast, are declared 
to form the eastern boundary? 

The United States herewith submits to the Tribunal the printed 
Case, provided for b}^ Article II of the convention, together with the 
documents, the official correspondence, and other evidence upon which 
it relies. But it speciiicalh" reserves the right to present hereafter to 
the Tribunal such other evidence as it may properly do under the pro- 
visions of Article II, either obtained from Great Britain upon demand 
or in pursuance of any notice given of its intended introduction I)}' 
reference thereto in the printed Case. 

The printed Case will consider and treat the subject of the contro- 
vers}' as follows: (1) The historical facts concerning the Northwest Coast 
of America prior to 1821, which led up to the controversy of Russia 
with the United States and Great Britain; (2) the diplomatic negotia- 
tions between the three nations, which culminated in the treaties of 
1821 and of 1825; (3) the results of the negotiations; (4) the negotiations 
between the United States and Russia following the expiration of 
the reciprocal trade privilege granted by the treaty of 1824; (5) the 
occupation of the territorv by Russia up to the year 1867; (0) the cession 
of Alaska to the United States in 1807. and the universally accepted 
interpretation of the treaty provisions delimiting the boundary prior 
to and at the time of the cession; and (7) the complete, continuous, 
and undisturbed occupation of the territory by the United States since 
the cession from Russia. 

The printed Case is accompanied ])y an A})pendix containing the 
historical, geographical, and topographical evidence in support of the 



4 THE CASE OF THE UNITED STATES. 

statements nuide in the printed Case, and also l)y an Atlas of maps and 
charts in evidence and as explanatory of facts set forth on behalf of 
the United States. 



THE NORTHWEST COAST OF AMERICA. 

The Northwest Coast of America, extending from the Strait of Juan 
dc Fuca northward to the sixtieth parallel of north latitude, was the 
last seaboard of the continent to be occupied ))y Americans and Euro- 
peans. Its remoteness from the Atlantic ports and the difficulty of 
access to it by land made this region but little known to the world 
before the close of the eighteenth century. 

While England, France, and Spain had been planting colonies on the 
eastern side of the continent and were gradually extending their set- 
thnnents westward, Russia had pushed her way eastward across Siberia 
and reached the shores of the Facitic. Under the energetic rule of 
Feter the Great the exploration of the North Facilic Avas planned, but 
was not actually undertaken until after his death. In 1728 Vitus 
Bering," in command of an expedition fitted out by the Imperial Gov- 
ernment, discovered the strait between America and Asia, and reached 
the continent of North America in latitude 65"-' north. Thirteen years 
later this navigator made a second voyage in which he again sighted 
the continental shore. He explored the iVleutian chain and discovered 
the Commander Islands, upon one of which he was shipwrecked and 
died.'^ 

Numerous Russian traders and adventurers, induced l)}- the oppor- 
tunities otl'ered of obtaining furs for tlie Chinese market at Kiaivta/' 
made voyages into the regions visited by Bering, and b}" 1778, w^hen 
Capt. James Cook entered Bering Sea, the Russians were tirml v estab- 

« In the spelling of proper names the Report of the United States Board of Geo- 
graphic Names (Washington, 1901) and the Geographic Dictionary of Alaska, by 
Marcus Baker, (issued as Bulletin No. 1S7 of the United States Geological Survey, 
1902) are followed. 

i> Burney's History of Northeastern Voyages of Discovery and of the Pearly Eastern 
Navigations of the Russians, London, 1819, pp. 130, 176, 183; Greenhow's Memoir on 
the Northwest Coast of America, in Senate Doc. 174, Twenty-sixth Congress, first 
session, p. 82. 

fCoxe's Rus-sian Discoveries between Asia and America (4th ed.), London, 1804, 
p. 466. 



THE NORTHWEST COAST OF AMERICA. 5 

lislied throug-hout the Aleutian Islands/' In 1781 (ireoorv Shelikof, 
of Kylsk. and other Siberian nierehants, who had ])een engaged in the 
fur trade in eastern Asia, formed an association, and two years later 
three vessels were fitted out by them, which, under the comuiand of 
Shelikof. traversed the Pacitic to the peninsula of Alaska. The fol- 
lowing year this navigator erected a factory on Kadiak Island.'' With 
this station as a base he sent out expeditions to explore the neighbor- 
ing continent and establish trading posts at convenient points.'' 

Having continued his explorations for five years, and on his return 
to Siberia having received a medal and portrait from Catherine 
II in recognition of his services, Shelikof organized, in ITiH), at 
Irkutsk, the Shelikof Company, which under imperial patronage 
secured a partial monopoly of the American fur trade.'' Delaretf, 
who had been with the head of the company during his cruises, was 
made chief director, and Alexander Baranof was chosen to conduct 
the factories at Kadiak and Cooks Inlet. Two years later the latter 
became the manager of the company.' 

Meanwhile, independent traders had extended their operations to 
the continent, and the competition was working disaster to the Irkutsk 
Compan}', which had also suffered b}^ the death of Shelikof.'' The 
most powerful of these rivals were persuaded to unite their interests 
with the older association in 1798, under the name of "The Shelikof 
United Trading Company," but new competitors sprang up and con- 
tinued to demoralize the trade. ^^ The unfavorable conditions induced 
the United Company to attempt to secure an imperial grant of 
exclusive trade privileges in America and the Aleutian Islands.'' As 
a result of its efforts, there was promulgated on July 8, 1799, an 
imperial ukase, which organized the " Russian American Company," 

o Voyage to the Pacific Ocean under the direction of Cai)tain Cook and Others, 
London, 1784, Vol. Ill, pp. 359-883. 

^ Coxe, p. 207 et seq. 
•'Coxe, pp. 269-292: Appendix, p. 251. (All references to "Appendix" are to 
the Appendix accompanying tliis Case unless otherwise stated. ) 

''Alaska and Its Resource.s, William H. Dull, Boston, 1870, pp. 309,311. 

«'Dall., pp. 312, 314. 

/Historical Review of the Development of the Russian American Company, and 
of Its Operations up to the Present Time. P. Tikhmenief, St. Petersburg, 18t)l, Vol. 
I, p. 61; Appendix, p. 253. 

f/Dall., p. 317. 

''Dall, p. 318. 



6 THE CASE OF THE UNITED STATES. 

and granted to it, for the term of twenty years, a monopoh' of the 
trade and the exclusive occupation of that part of the American 
coast north of the 55th degree of north Uititude, besides the Russian 
islands on both sides of the Pacilic Ocean and Bering Sea, the right 
to make discoveries, and to occupy new lands as Russian possessions 
on either side of the 55th parallel, not previously occupied by any 
other nation, and the authority to administer, fortify, and defend its 
colonies/' 

The ukase of 1799 created a colonial SA'stem similar in its essential 
features to that established in North America under the charter of the 
Hudson's Bay Company and in India by the East India Company. 
The Russian American Company became the representative of the 
monarch within the regions named in the ukase, possessing the 
sovereignty by delegation and exercising all the functions of govern- 
mental authorit3\ 

The oflice of the compan}^, originally at Irkutsk, was soon trans- 
ferred to St. Petersburg, where members of the imperial family became 
shareholders in the enterprise, insuring continuance of the favor and 
aid of the crown.* At the head of the colonial government was placed 
Baranof, the energetic director of the Shelikof Company, who ''main- 
tained for twenty years an absolute despotic sway over the colonies."'" 

In the same 3'ear in which the ukase was granted, Baranof pro- 
ceeded to Norfolk Sound (now known as Sitka Sound), where he 
erected a fortified post, which was su1)sequently captured by the 
natives, who massacred the garrison. In 1804 another fort was con- 
structed under Baranof's direction, a short distance from the s'ite of 
the one destroyed, which was named Fort Archangel ]N[ichael, the 
factory being called New Archangel.'^ From this new establishment 
the Russian American Company's traders were able to extend their 
operations through the archipelago l,ving southward of the 00th 
parallel of latitude, and along the continental shores opposite. 

While the ukase of 1799 accomplished its puri)ose in preventing the 
interference of other Russian traders with the monopoh' granted to 
the chartered company, it was ineffectual in keeping the trading 

« Appendix, p. 23. cDall, p. 319. 

6Dall, p. 320. rfDall, p. 322; Appendix, p. 62. 



THE NORTHWEST COAST OF AMERICA. 7 

vessels of the United Stutes from freqiientino- the islands and inland 
waters along the Northwest Coast and from trading- with the natives. 
The American traders conveyed their cargoes of furs to Canton, 
where thev disposed of them at large profits." The returns were such 
as to induce other merchants of the United States to engage in the 
industry, and from 1790 the number of vessels constantly increased.^ 

These independent traders uncjuestionably impaired the value of the 
Russian American Company's monopoly as they secured a considera- 
ble proportion of the skins sold ])y the natives. They were further 
favored in this competition by the advantage of being permitted by 
the Chinese authorities to dispose ot their furs at Canton, which 
possessed direct communication with the sea, and which was closed to 
the Russians. Attempts by the latter to open trade with that port 
had been made, but were futile.^' As a result, the Russian American 
Company was forced to transport their furs by ship to the Siberian 
coast and thence hundreds of miles overland to the border town of 
Kiakta. Under such conditions the American traders secured a 
decided advantage over their competitors. 

Baranof. however, instead of incurring the enmity of his rivals, 
endeavored to turn their facilities for trade with China to account by 
employing them to carry the company's furs to Canton and sell them 
on commission. While the comj)any thus found it prolitable to pre- 
serve amicable relations with the Americans, the latter were, neverthe- 
less, a source of annoyance to the chief director through using fire- 
arms and annnunition as articles of barter with the natives. The 
increase in this traflic finally caused Russia, through its representative 
at Washington, to call the attention of the United States Government 
to the course pursued b}^ its traders. In 1808 the Russian charge 
d'atiaires was directed by the Minister of Foreign Afi'airs to express 
"the hope that this UJiclf traffic" would meet Avith the disapprobation 
of the American Government, and that rigid orders would put a stop 
to it.^^ 

«A Statistical View, etc., of the United States, Thomas Pitkin, New York, 1817,. 
p. 2-19; A Narrative of Voyages, A. Delano, Boston, 1817, p. 306. 

^ Appendix, p. 61. 

c Voyage Round the World in the Years 1803-1806, A. J. von Knisenstern, London, 
1813, Vol. II, p. 341; Appendix, p. 64. 

f^ Appendix, p. 63. 



8 THE CASE OF THE UNITED STATES. 

Conditions not improving, M. Daschkoff. the Russian charge, in 
1810 renewed the representations formally made, and suggested that 
the United States Government prohibit, by statute or treaty, its citi- 
zens from trading with the natives on the Northwest Coast, confining 
their intercourse to the Russian factories. The negotiation, however, 
was postponed because M. Daschkoff was not empowered to fix a 
))Oundary within which such a law should operate.^' Late in the same 
year Count Rezanoff' approached Mr. Adams, the American minister 
at St. Petersburg, upon the subject. He explained to Mr. Adams the 
disadvantages under which the Russian American Company labored in 
being debarred from the Canton market, and that it was the desire to 
carry on the trade l)y the intervention of American ships, but that on 
account of the ferocity of the savages along the Northwest Coast the 
trade in firearms and ammunition ought to be made contraband. Mr. 
Adams raised the same question of territorial limits to the proposal as 
had ])een done at Washington, and the Russian Minister of Foreign 
Affairs being unwilling to discuss that phase of the subject, the nego- 
tiations closed without result.* 

Having failed to secure the remedy of the evil through diplomatic 
channels, Baranof entered into an agreement with John Jacob Astor, 
who had established a trading post at the mouth of the Columbia River, 
to furnish the Russian American Company with supplies at fixed 
charges to be paid in furs, to transport the company's furs to Canton 
and dispose of them on commission, to act jointly against smugglers, 
and to prevent the sale of firearms and intoxicants to the natives. This 
agreement in October, 1811, received the imperial approval of Alex- 
ander I, but the second war between the United States and Great 
Britain prevented its being put in operation. ^ 

The state of affairs thus remained unchanged. The Russian Ameri- 
can Company continued to prosecute its trade, and, after the inter- 
ruption caused b}- the war with Great Britain, American vessels 
renewed their operations on the coast. In 1817 Baranof resigned the 
office of chief director and in April, 1819, died on his homeward 
voyage.'' 

« Appendix, p. 63. ^-Dall, p. 327. 

^Appendix, p. 64 ''Dall, pp. 330, 331. 



THE UKASE OF SEPTEMBER 4/l(), 1S2I. 9 

THE UKASE OF SEPTEMBER 4 i6, 1821. 

As the time foi- the expiration of the charter of the Russian American 
Company approached, its ati'airs became a matter of governmental 
concern, reforms in the manayvment were instituted and phins were 
foi'nuiiated to increase the prosperity of the colony and to secure the 
company in its monopoly of the trade." The chief cause affecting the 
trade and intercourse with the natives was the continued presence of 
the American trading ships, and to prevent this for the future^ the 
Emperor of Russia issued, on September 4 16, 1821, the following 
ukase, which was proclaimed by the Directing Senate three days later: 

EniCT OF HIS IMPERIAL MAJESTY, AUTOCRAT OF ALL THE RUSSIAS. 

» 

The directing Senate maketh known unto all men: 

"Whereas in an edict of His Imperial Majesty issued to the directing Senate on the 
4th day of September, and signed by His Majesty's own liand, it is thus expressed: 

"Observing, from Reports submitted to us, that the trade of our subjects on the 
Aleutian Islands and on the northwest coast of America, appertaining unto Russia, is 
subject, because of secret and illicit traffic, to ojipression and impediments; and find- 
ing that the ]>rincipal cause of these difficulties is the want of rules estal)lishing the 
boundaries for navigation along these coasts, and the order of naval communication, 
as well in these places as on the whole of the eastern coast of Siberia and the Kurile 
Islands, we have deemed it necessary to determine these communications by specific 
Regulations, which are hei'eto attached. 

In forwarding these Regulations to the directing Senate, we command that the 
same be published for universal information, and that the proper measures be taken 
to carry them into execution. 

(Signed) Count D. Gurieff, 

Min ister of Finances. 

It is therefore decreed by the directing Senate that His Imperial Majesty's Edict 
be published for the information of all men, and that the same be obeyed by all 
whom it may concern. 

[The original is signed by the directing Senate.] 

Printed at St. Petersburgh. In the Senate, the 7th September, 1821. 

[On the original is written, in the handwriting of His Imperial IMajesty, thus:] 

Be it accordingly. 

. (Signed) Alexander. 

Kamenxov Ostroff, September 4, 1821. 

«Dall, pp. 331, 332. 
^'Appendix, pp. 38, 101. 



10 THE CASE OF THE UNITED STATES. 

RULES ESTABLISHED FOR THE LIMITS OF NAVIGATION AND ORDER OF COMMUNICATION 
ALONG THE COAST OF THE EASTERN SIBERIA, THE NORTHWEST COAST OF AMERICA, 
AND THE ALEUTIAN, KURILE, AND OTHER ISLANDS. 

§ 1. The pursuits of commerce, whaliug, and tishery, and of all other industry on 
all islands, posts, and gulfs, including the whole of the northwest coast of America, 
beginning from Behring Straits to the 51° of northern latitude, also from the Aleu- 
tian Islands to the eastern coast of Siberia, as well as along the Kurile Islands from 
Behring Straits to the south cape of the Island of Urup, viz, to the 45° 50^ north lat- 
itude, is exclusively granted to Eussian subjects. 

§ 2. It is therefore prohibited to all foreign vessels not only to land on the 
coasts and islands l^elonging to Russia as stated above, but also, to approach them 
within less than 100 Italian miles. The transgressor's vessel is subject to confis- 
cation along with the whole cargo. 

§ 3. An exception to this rule is to be made in favour of vessels carried thither 
by heavy gales, or real want of provisions, and unable to make any other shore 
but such as belongs to Russia; in these cases, they are obliged to produce con- 
vincing proofs of actual reason for such an exception. Shi^js of friendly Govern- 
ments, merely on discoveries, are likewise exempt from the foregoing Rule 2. 
In this case, however, they must be previously provided with passports from the 
Russian [Minister of the Navy. 

§ 4. Foreign merchant-ships which, for reasons stated in the foregoing rule, 
toiach at any of the above-mentioned coasts, are obliged to endeavour to choose 

a place where Russians are settled, and to act as hereafter stated. 

******* 

§ 12. It is prohibited to these foreign ships to receive on board, without special 
permission of the Commanders, any of the people in the service of the Companj', or 
of the foreigners living in the Company's Settlements. Ships jjroved to have the 
intention of carrying off any person belonging to the Colony shall be seized. 

§ 13. Every purchase, sale, or barter is prohibited betwixt a foreign merchant-ship 
and people in the service of the Company. This prohibition extends equally to 
those who are on shore and to those employed in the Company's ships. Any ship 
acting against this rule shall pay five times the value of the articles, stores, or goods 
constituting this prohibited traffic. 

§ 14. It is likewise interdicted to foreign ships to carry on any traffic or barter 
with the natives of the islands, and of the northwest coast of America, in the whole 

extent here above mentioned. A ship convicted of this trade shall be confiscated. 

******* 

Count D. Gurieff, 

3finister of Finance. 

On September 13 25, 1821, another imperial ukase was issued con- 
tinuino- the privileo-os of the Russian American Company for twenty 
years, and renowin«- its monopol}" of the fur trade and fisheries "to 
the exclusion of all other Russians and of the subjects of foreign 



NEGOTIATIONS OF 1822 AND 1823. 1 1 

States"'"' in the reoions named in the incorporating ukase of 1799, 
except that the southern limit on the American coast was extended 
from the o5th parallel southward to "the northern point of the Island 
of Vancouver, under 51"^ north latitude."^' 

Mr. Henry Middleton and Sir Charles Bagot, the ministers, respec- 
tively, of the United States and Great Britain at St, Peterlmrg, on 
the same da}' (September 21 October 3) wrote their governments 
of the promulgation of the ukase of September 4.^ It would appear 
from their dispatches l)eing of the same date and from the further 
fact that jVIr. Middleton inclosed to the Department of State a Rus- 
sian map with French notes similar to the one which Sir Charles Bagot 
forwarded to the British foreign office on November 17, 1821, with 
substantially the same annotations,'" that the two ministers had con- 
ferred together as to the nature and etfect of the ukase and had come 
to a mutual understanding as to the importance of immediatelj^ noti- 
fying their governments of its issuance. 

THE NEGOTIATIONS OF 1822 AND 1823. 

The ukase was officially communicated to the governments of the 
United States and Great Britain by the Russian ministers at Washing- 
ton and London. The note of Baron de Nicola}' to the Marquis of 
Londonderry bears date October 31 November 12, 1821,'' and that of 
M. de Poletica to Secretary Adams, January 3<) February 11, 1822.'' 
The purpose of these communications was to inform the two govern- 
ments of the date after which vessels clearing from American or Brit- 
ish ports would be presumed to be cognizant of the regulations accom- 
panying the ukase, and, therefore, liable to their provisions. 

The note to the British Secretary of State for Foreign Affairs dis- 
cussed the rights of Russia in the North Pacific Ocean and Bering- 
Sea and declared that the ukase was issued to secure the Russian 
American Company from the invasion of its privileges by foreigners 
who '"'have not only as an object a fraudulent trade in furs and other 
articles exclusively reserved to the Russian American Company," Init 
who ''furnish arms and ammunition to the natiA'es in the Russian Pos- 

« Appendix, pp. 26, 27. 

'^Appendix, pp. 31, 101. 

'^ Appendix, pp. 31, 101. ^lap Xo. 6 in Atlas accompanying this Case. 

^' Appendix, p. 95 

<■ Appendix, p. 31. 



12 THE CASE OF THE UNITED STATES. 

sessions of America,'" thus exciting them to resist the authorities." 
The Russian minister further added that it was not the intention to 
prohibit foreign vessels from navigating the seas along the Russian 
possessions, but only to insure to the Russian American Company the 
enjo3'ment of its charter rights. The language used in this note is 
substantially the same as that of a dispatch from Count Nesselrode, 
the Russian Minister of Foreign Atlairs, to Count Lieven, written 
October 7 19,* and, therefore, expressed the views of the Imperial 
Government. 

The unusual assertion l)y the ukase of sovereignty over waters 
within 100 miles of the Russian coasts was repugnant to the British 
idea of international right and subversive of the coumiercial interests 
of British subjects, although at the time there was substantially no 
trade by British ships with the Northwest Coast or through the 
seas adjacent. The opinion of the law ofhcers of the Crow^n was 
sought, and they declared the Russian pretension contrary to the law^s 
of nations,' Information was also secured from those interested in 
the whale fisheries,-' the only line of British industry wliich might 
possibly be affected by the enforcement of the ukase. 

Meanwhile Sir Charles Bagot comnmnicated to the Foreign Office 
the substance of a conversation, which he had held with Count Nessel- 
rode in the early part of November, in which the Russian minister 
had informed him ''that the object of the measure was to prevent the 
''commerce interlope' of the citizens of the United States, who were 
not only in the habit of resorting to the Russian coasts and islands in 
the Pacific, for the purpose of interfering in their trade with China 
in the lucrative article of sea-otter skins, but were also in the constant 
practice of introducing prohibited articles, and especially gunpowder, 
into the Russian dominions in that quarter,'' and that the American 
Government, upon receiving representations as to the character of the 
trade, had indicated that it would not oppose such measures as Russia 
found necessary for the suppression oft he traffic.'' Undoubtedlv the 
knowledge of the real intent of the ukase, as reported by the British 
minister at St. Petersburg, influenced his government in not promptlj^ 

<' Appendix, p. 96. <i Appendix, pp. 103, 104. 

''Appendix, p. 99. <■ Appendix, p. 101. 

c Appendix, p. 102. 



NEGOTIATIONS OV 1822 AND 182;j. 13 

and vigorously protesting- against the imperial edict. However, the 
claim of maritime sovereignty, so at variance with the usual practice 
of nations, could not be ignored or admitted by Great Britain, and 
Januarv 18, 18:22, two months and a half after being officialh^ notified, 
the Marquis of Londonderry addressed a note to the Russian minister 
mildly protesting against the assertion of sovereignty over 100 miles 
of sea contiguous to the coasts, and incidentally reserving to His 
Britannic Majesty the right to question the territorial claims of Russia 
on the American continent." 

The official notification of the ukase, which had been forwarded by 
special messenger from St. Petersburg,* was not handed to Secretary 
Adams until February 11, 1822.'^ Before rephdng to it he had an 
interview with the British minister, Mr. Stratford Canning, as to the 
course which would probably be adopted by Great Britain. Mr. Can- 
ning, in reporting the conversation to the Foreign Oflice stated that 
Mr. Adams gave him to understand "that it was not the intention of 
the American Cabinet to admit the claim thus notified on the part of 
Russia.'' He added that Mr. Adams's " objection appears to lie more 
particularly against the exclusion of foreign vessels to so great a dis- 
tance from the shore.""' On February 25, 1822, Mr. Adams addressed 
a note to the Russian minister in the nature of a protest against the 
maritime and territorial rights asserted in the ukase, and asked if he 
was empowered to give explanations of the grounds upon which they 
were based.' The communication of the Secretary of State initiated 
a discussion extending until April 2, 1822, during which time several 
notes were exchanged. The limit of maritime jurisdiction and the 
territorial rights accruing from discover}- and occupation were dis- 
cussed hi extenso without result.-^ 

The correspondence, however, discloses the fact that the aim of each 
Government was the preservation of the rights of trade to its citizens 
or subjects on the Northwest Coast. Mr. Adams's arguments were 
advanced for the purpose of establishing the right of the independent 
American fur traders to the unrestricted intercourse which they then 
enjoyed with the natives of the shores claimed b}' Russia. To main- 

« Appendix, p. 104. '^ Appendix, p. 106. 

''Appendix, p. 101. . « Appendix, p. 32. 

^Appendix, p. 31. /Appendix, pp. 32-38. 



14 THE CASE OF THE UNITED STATES. 

tain this position it was necessary for liini to deny the sovereignt}" of 
Kussia over those regions. M. de Poletica, on the other hand, in 
order to preserve to the Russian American Companj^ its monopoly to 
the exclusion of all others, argued that Russia was invested with sov- 
ereign rights over the coasts and islands under discussion. The asser- 
tion of maritime jurisdiction in the ukase necessarily rested upon the 
territorial dominion of Russia. Thus the question of territory became 
an important factor in the discussion, if the Imperial Government did 
not withdraw its unusual claim of authority over the seas contiguous 
to its possessions. 

M. de Poletica returned to Russia in May, 1822, bearing with him 
a letter from the Secretary' of State to Mr. Middleton, dated the 13th 
of that month, in which the negotiations were transferred to St. Peters- 
burg and the American minister was instructed to '*'make it most dis- 
tinctly to be understood that the United States can not for a moment 
acquiesce"' in the provisions of the ukase, nor admit that it "can in 
any manner impair their rights, or those of their citizens."^' 

The protests of the United States and Great Britain were communi- 
cated to the Imperial Government l)y the Russian ministers at Wash- 
ington and London, and in order to avoid the consequences which 
their strict enforcement seemed to promise, orders were given in July, 
1822, to the naval vessels detailed to carry out the regulations of the 
ukase, which limited their application to the waters generally recog- 
nized b\^ other powers as territorial.^ 

Mr. Middleton had, upon the receipt of Mr. Adams's instructions, 
prepared a note verbale, which he intended to sul^nit to Count Nessel- 
rode, but in an interview with Count Capodistrias the latter advised 
him not to present it, stating that "the Emperor has already had the 
good sense to see that this affair should not l)e pushed too far. We 
are disposed not to follow it up." He added that Russian war ships 
would ))e instructed to confine their operations to the usual limit of 
sea recognized as territorial ])y other nations, and that by this course 
the iiegotiations, which Baron de Tuyll. the newly appointed minister 
to Washington, might commence, would not be embarrassed.' 

Mr. Middleton was convinced of the wisdom of this suggestion, and 
in an interview with Count Nesselrode on July 27 he refrained from 

« Appendix, p. 39. ^Appendix, p. 40. 

c Appendix, p. 43 (foot note). 



NEGOTIATIONS OF 1822 AND 1823. 15 

presenting the note which he had prepared. He stated to the Minister 
of Foreign Affairs that the United States insisted upon the suspension 
of the execution of the regulations, and declared "that the territorial 
pretension advanced by Russia must l^e considered as entireh^ inadmis- 
sible by the United States until the conflicting claims" were settled 
by treaty. Count Nesselrode assured him verljally that the wish of 
his government would ])e complied with, and that it was the intention 
to furnish Baron de Tuyll with full powers to adjust the questions 
regarding trade and territory on the Northwest Coast.^' Thus the 
negotiations l^etween the United States and Russia were retransferred 
to Washington, causing a considerable lapse of time before the dis-- 
cussion was again renewed. 

The Duke of Wellington, having been commissioned to represent 
His Britainic Majest}^ in the Congress of the powers at Verona, was, 
among other subjects, directed to discuss with the Russian plenipo- 
tentiaries the question raised b}' the ukase. He interviewed Count 
Lieven on September 10, and was informed verbalh" of the moditica- 
tion of the ukase; but verbal assurances did not meet the views of the 
British Government. The ukase was a written and published asser- 
tion of a right, and Great Britain required an equally formal renun- 
ciation of this claim.* Thus, while the immediate danger of seizure 
and confiscation of vessels approaching the Northwest Coast had been 
avoided b}^ the course of Russia in limiting the enforcement of the 
ukase, the controversy was still far from being settled. Wellington 
received further information on the subject, and the position of the 
British Government was fully stated to him in a note from Mr. Can- 
ning, dated September 27, 1822.^ 

But, since the correspondence following the protest of Great Britain 
in January, 1822, the attention of the London Government had been 
directed to another British interest which might l^e affected by admit 
ting all the territorial claims of Russia to the northwestern portion 
of the continent of North America. This was the fur trade of the 
Hudson's Bay Compan3^ 

The company had been granted b}^ Charles II in 16T0 a charter, 
b}" which its members were given title to all territories watered b}' 
streams flowing into Hudson Bay, together with the mines, fisheries, 

"Appendix, p. 43. ''Appendix, p. 108. 

^Appendix, p. 110. 



16 THE CASE OF THE UNITED STATES. 

and exclusive rig-ht to trade, not only with the native inhabitants of 
this great drainage basin, but "to and with all other nations inhab- 
iting any of the coasts adjacent to said territories * * * not 
already possessed l^y any other Christian Prince or State." The 
powers conferred upon the company in the regions thus granted to it 
were governmental in character. It was given legislative and execu- 
tive authorit}^ together with judicial powers in both civil and criminal 
cases. The company selected its governors and other executive offi- 
cers, and its managing connnittee passed laws for the territor}' and 
appointed judges to impose the penalties fixed for their violation.** 
It also had power to organize and maintain military and naval forces 
and to make war and peace with "any prince or people whatsoever, 
not Christian;" to erect forts and castles; and to confiscate propert}'. 
In a word, it was the government in the regions granted to it. As 
Greenhow says, "It will be seen that the Hudson's Bay Compan}^ 
possessed, by its Charter, almost sovereign powers over the vast 
portion of America drained by streams entering Hudson Bay.""'^ 

For a century the company exercised its almost supreme authority 
undisturbed, except for the futile attempts of the French in Canada 
to destroy the station on the shores of Hudson Bay, from which the 
company shipped its furs to Europe. Its traders extended their 
operations westward into the wilderness and secured the authority of 
the company by the erection of forts and trading posts. With the 
conquest of Canada and the influx of settlers into the upper province, 
the French vo^'ageurs, who had carried on an extensive trade in furs 
under the French regime, were forced west and north until they came 
in direct competition with the agents of the Hudson's Bay Company. 
The Canadian traders, acting generally as individuals, sold their furs 
in Montreal, where several Scotch merchants had settled after the 
conquest and engaged in the industry.'' 

In 17.s;^-84 the Montreal firms combined, forming the North-\\'est 
Company, which for nearly forty years (competed with the Hudson's 
Ba}^ Company- both in the fur country' and in the fur market at Leip- 
zig.'' The new company exhibited the greater energy and enter- 
prise, their factors and traders pressing westward across the Kock}- 

a The Great Company, Beckles Willson, Toronto, 1899, p. 515. 
b Greenhow's Oregon, Proofs and Illustrations, Vol. I, p. 456. 
cThe Great Company, p. 315. 
'I Ibid, pp. 328, 348. 



NEGOTIATIONS OF 1822 AND 1823. 17 

Mountains and down the Colum])ia, where they came in contact with 
the Americans at Astoria/' Others invaded the territories occupied 
by the older company' and the bitter rivalry engendered was marked 
by violence and murder/^ 

To put an end to a state of affairs destructive of all profitable trade 
in the regions where these disputes occurred, the representatives of 
the rival companies in London finally effected a union between them, 
the name Hudson's Bay Company being continued. The agreement 
to unite was executed in March, 1821,'' and in July of the same 
year an act of Parliament authorized the Crown to grant to the Hud- 
son's Bay Company, iot; the term of twent3'-one years, the ""exclusive 
privilege of trading with the Lidians in all such parts of North 
Ahierlca^^ as did not form part of the company's previous possessions, 
the royal provinces, or the territory of the United States.^ Decem- 
ber 5, 1821 the royal license was granted to the company in pursuance 
of the parliamentary act.*" Thus the complete monopoh' of the 
British fur trade in America was again secured b}^ the Hudson's Bay 
Company and it became to all intents the governing power over the 
vast territory extending from Lake Superior to the Arctic Ocean and 
from Hudson Bay to the western bounds of the American dominions 
of Great Britain. 

A\'ithin four months after this union of the rival British fur com- 
panies had been completed, and their exclusive rights secured by 
license, the deputy governor, J. H. Pelly, sent a communication to the 
marquis of Londonderry, dated March 27, 1822,-^" in which he recited 
brieffy the discoveries made on the Northwest Coast by Biitish navi- 
gators and by traders of the North->V"est Company, and the priority of 
territorial rights, which, he claimed, resulted from these facts. The 
letter closes in the following language: "The fur trade of Great 
Britain, by an Act of last Session and grant from His Majestj^, is vested 
in the Hudson's Ba}' Company; I cannot, therefore, refrain from call- 
ing 3'our Lordship's attention to this matter as of considerable 

«The Remarkable History of the Hudson's Bay Company, George Bryce, London 
1900, p. 396. 

''Ibid, p. 355 et seq. 

'The Great Company, p. 432. 

'il and 2 George IV, chap. 66, Pickering's Statutes, Vol. LXI, p. 225. 

« Report from Select Conunittee on the Hudson's Bay Company, House of Com- 
mons, 1857, Reports of Connnittees, Vol XI, p. 425. 

/Appendix, p. 106. 

21528—03 2 



18 THK CASK <»F THE UNITED STATES. 

iinpoitaiK'O !it tho prcscMit inoinont. und not unlikek to lead to very 
unpleasant (Hcunerues at some future period, if no notice is taken of 
these proeeedino-.s of the Russian and American Governments, the 
«'tTect of which would be to exclude British subjects from the north- 
west coast of America, and a valuable trade in the interior. "« 

On September -25, 182:>, Mr. Pelly again addressed the Foreign 
Ollicc stating more in detail the interests of the Hudson's Bay Corn- 
pan v in the western part of North America. '^ Presumably this 
second letter was sent in view of the approaching departure of the 
Duke of Wellington, and the piobal»ility of the question being dis- 
eusM'd at W'Tona. as it is dated only two days before Mr. Canning's 
resume of the controversy, some statements of which are evidently 
ilerived from those of Mr. Felly.' 

The letter deals solely with the (lucstion of Kussia's territorial claims 
and does not refer to her assertion of maritime jurisdiction. At the 
outset Mr. Felly stated: "'It appears to the Directors of this Compan\^ 
that the claim of Kussia is not well founded, and as the interests of the 
Company and of the British fur trade would be essentially and greatly 
injured, should the claims of Russia be admitted by the British Gov- 
ernment. 1 feel it to be ineumbent upon me. in addition to the repre- 
>entations which I have already made upon this subject, to state briefly 
the progress of the British fur trade in that part of North America, 
and to ai)prise you of the forts or trading stations, situated to the 
north of the tifty-tir.st degree of north latitude, which are now occupied 
by th«> traders and servants of this comi)aiiy.'* 

Aftei' reciting the advance of the North-West Company beyond the 
Hocky Mountains and >tating that in ls-2\ the Hudson's Bay Company 
••had ac.|uiie(l possession of all the forts and trading stations of that 
Association situated in New Caledonia," as well as in other parts of 
British North America, ho detailed the permanent posts of the 
company in New Caledonia. Their location is given as follows: 
The Rocky Mountain Fortage, oG- north latitude and 1:>1^ west 
longitude: Stewart's Lake, 54 80' north latitude and 125° west 
longitude: .McLi'od's Lake, 55- north latitude and 124 west longitude, 
and Fraser's Liike in 55 north latitude and al)out 127 west longitude. 
(The situation of these posts is given upon Mai) ^<»- 1 i'l the Atlas 

" Appendix, p. 107. ''Appendix, p. 109. 

'Appendix, p. 111. 



NEdOTTATIONS OK 1S22 AND IS^.J. 19 

aceompanviiio' this Cuso.) He further stnted tliut the eompaiiy'.s 
trade extended from 60 north latitude to the luoutli of the Fraser 
Kiver, in about hititude 4t> , "and between the Kockv Mountains and 
the sea;" that the traders of other nations had never been met in 
these regions: and that "the considerable rivers which fall into the 
Paeitie Ocean in this extent of coast" have not yet been sufiiciently 
explored to determine \vhether or not they are navigal)le; but that if 
they are it would be advantag'eous. as the company's experience on 
the Columbia had proven." 

The implication in the letter of the deputy governor is that the 
operations of the Hudson's Bay Comi)any extended between the 
Rocky ^Mountains and the ocean, and on the coast from the Fraser 
River to 56-. or even 60 , north latitude. 

The portion of Mr. Canning's communication, which is based upon 
Mr. Felly's statements, is that, while title by discovery may l)e fairly 
disputed with Russia, ""the much more certain title of actual occupa- 
tion by the agents and the trading servants of the Hudson's Bay Com- 
pany extends at this moment to many degrees of higher latitude on 
the noiihir,^ nxtst'' of America than is claimed as the territory of 
Russia by the Ukase in question." - 

Thus the idea, which Mr. Felly so adroitly introduced into his let- 
ter, although unfounded in fact and unwai'ranted ))y his own state- 
ment of the location of trading posts, is advanced b}' Mr. Canning 
as an argiuuent to be used in controverting the territorial claim of 
Russia. 

Octol)er 17, the Duke of Wellington handed to Count Nesselrode 
a confidential memorandum upon the ukase,"' in which he asserted that 
-'the nuich more easily proved, more conclusive, and more certain 
title of occupation and use ought to decide the claim of sovereignty." 
He added: "Now^ ire ran prove'' that the P^nglish North- West Com- 
pany and the Hudson's Ba}^ Company have for man}' years established 
forts and other trading stations in a countr}- called New Caledonia, 
situated to the west of a range of mountains called Rocky Moun- 
ttiins, and extending ahiiKj f/ir s/io/'es of flic Pnelp'r fi-om Inf/fiuJc J^O- 
to lat'itndeGO-r'' 

"Appendix, p. 110. '• Appendix, p. 1 11. 

''Not italicized in the oriiiinal. ''Ap{)endix, p. ll.'J. 



.JO THE CASE OF THE UNITED STATES. 

'riu> iinpliciition of Mr. IVHv i.s here stated tis an estaUished fact, 
and ujx.n it \V(dlinoton made the a.ssertion. "we have the indisputable 
,.laini of occupan.y and use for a series of years, which all the best 
writer- on tlir laws of nations admit is the best founded claim to a 
territory (»f this description.'"" 

From this time forward in the negotiations Great Britain continued 
to insist that this condition of occupancy existed. Its foundation 
seems to have V)een lost sight of in the belief that a substantial claim 
of possession had been established in accord with the recognized prin- 
ciples of international law. 

Count Nesselrode replied to this memorandum on November 23, 
1822.'' stating that Russia would not dispute the existence of British 
settlements between the -iyth and 51st parallels, which were outside 
of the possessions claimed l)y his government, but that "even the 
most recent and complete English maps do not show a single trading- 
post mentioned in the memorandum of October IT on the coast of 
America between the fifty -first and sixtieth degree of north latitude." 
But he said, that in order to prevent further contention tlie Emperor 
had directed his cabinet to state to the Duke of \yellington that he 
was ready to settle by negotiation the limits of the Russian and British 
pos.se.ssions on tiie Northwest Coast. 

This pi-oposition, however, was not acceptable to Great Britain, for 
it limited the subject of the negotiations to the question of establishing 
a iM.midaiy line, and this to the British Government was the least 
inipuriaiit element in the dispute. As late in the negotiations as 
Decemlter .s, ls24. Mr. (ieorge Canning, in his letter of instructions to 
Mr. Stratford Canning,' wrote: "The whole negotiation grows out of 
the ukase of 1,sl>1. So entirely and absolutely true is this proposition 
that the settlement of the limits of the respective possessions of Great 
Britain and Russia on the northwest coast of America was proposed by 
us otdy as a mode of facilitating the adjustment of the difference 
arising from the ukase by enabling the court of Russia, under cover 
of th.' in..reconipicliensiv<- arrangement, to withdraw, with less appear- 
ance of concession, the offensive pretentions of the edict." It is clear 
that what (ireat Britain sought above every other consideration was 
the formal reiu uiciation of the extensive maritime jurisdiction assumed 

« Appendix, p. 114. & Appendix, p. 115. 

<^ Appendix, p. 208. 



NEGOTIATIONS OF 1822 AND 1823. 21 

by the ukase. The Duke of Wellington, in accordance with this 
view, declined the otfer to negotiate upon the subject of the l)oundary 
alone, and after restating the objections of Great Britain to the ukase, 
suggested as the best mode of settling the controversy that Russia 
should announce her readiness to negotiate upon the whole subject." 
The day following (November 29), in an interview with the Russian 
representatives, it was determined that the memoranda exchanged 
"should be considered non ave/ius,^^ and that Count Lieven on his 
return to London should, in a reply to a note received some months 
before from the Marquis of Londonderry, state the desire of the 
Emperor to negotiate with Great Britain upon the whole question.* 

Count Lieven, before leaving Verona, was directed l)y his govern- 
ment to proceed in accordance with this agreement, and upon his 
arrival in London he addressed Mr. Canning a note, dated January 
19 31, 1823, in which it was proposed to temporarily waive the question 
of strict right and to adjust the difl'erences raised by the ukase by an 
arrangement '" founded on the sole principle of nuitual expediency, 
to be negotiated at St. Petersburg.'''' 

Five days later Mr. Canning, who had already forwarded to Sir 
Charles Bagot, at St. Petersburg, on December 31, the instructions 
given to the Duke of Wellington and the latter's correspondence with 
the Russian representatives at Verona, inclosed to the British minister 
the note received from Count Lieven and directed him to open the 
nogotiations upon the basis of the instructions furnished the Duke of 
Wellington. 

Mr. Canning, on February 25. sent to Sir Cliarles a full power " to 
adjust the differences which have arisen in consequence of the ukase 
promulgated at St. Petersburg on the 1th September, 1821."'' He 
stated also that he had no further papers to add to those already fur- 
nished the British minister, except the two opinions of the law officers 
of the Crown, which had been prepared in 1821, shortly after the 
British Government had received official notice of the ukase.'' 

The negotiations of Russia with Great Britain were thus to be con- 
ducted at St. Petersburg, while those with the United States were to 

« Appendix, p. 116. t' Appendix, p. 118. ^ Appendix, p. 102. 

* Appendix, p. 117. '^Appendix, p. 119. 



22 THE CASK OF THE UNITED STATES. 

be nin-iecl on at Washiiioton. The advantage of the same plenipoten- 
tiary eonductino- the negotiations with ))oth powers was apparent to 
tlie Russian (rovernment. With that purpose in view Baron de TuvU 
was ilirei'ted to request the United States Government to empower its 
minister at St. Petersburg to terminate the differences arising under 
the ukase, "on the prineipU^ of nuitual convenience." He did so 
within two weeks after his arrival in Washington," by a note dated 
April ;^4, lS:i8. aftei- having stated that the British minister at St. 
Petersburg had received the full power necessary for the negotiation.'' 

Mr. Adams, the Secretary of State, apprised Mr. Stratford Can- 
ning, the P)ritish minister at Washington, of the connuunication 
Avhich he had received, and "suggested whether it might not be 
advantageous for the P>ritish and American Governments, protesting 
as they did against the claims of Russia, to empower their ministers 
at St. Petersl)urg to act in the proposed negotiation on a connuon 
understanding." ]Mr. Adams further stated that although the Ignited 
States has no territorial claims as high as 51"^ north latitude, it was 
opposed to the Russian claim, and also to the asserted right of exclud- 
ing American citizens from trading with the natives in those regions 
and the "extravagant pretention to prohibit the approach of foreign 
vessels within loo Italian miles of the coast."' It is evident that the 
opposition of the United States to the territorial claims of Russia was 
because the right to restrict trade and to exercise jurisdiction over the 
neighl)oring seas depended solely upon territorial dominion. 

On May 7, ;i short time after his conversation with the British 
mniister, Mr. Adams notified Baron deTuyll that the President readily 
acceded to the proposal to transfer the discussion again to St. Peters- 
burg, and that the American minister would be furnished with full 
powers to conduct the negotiation.'' 

It was not until duly 22, however, that the full powers were sent to 
Mr. Middleton. '' Mr. Adams, in his instructions as to the conduct of 
the negotiation, stated the two subjects in controversy to be "the pre- 
tentions of the Imperial (Jovermuent * * * to an exclusive terri- 
torial jurisdiction from tlu^ forty-tifth degree of north latitude on the 



"Appendix, p. 120. <" Appendix, p. 120. 

''A])iK'ii(lix, ]>. 4<). ''Appendix, p. 47. 



NEGOTIATIONS OF 1822 AND 182:5. 23 

A.siatic coast to the latitude of iit'ty-one north on the western coast of 
the American continent;"" and the assumption of "the right of inter- 
dicting the navMjution and the tishery of all other nations to the extent 
of 100 miles from the whole of that coast."' The mention of the 
Russian claim on the Asiatic side of the ocean, to which neither the 
United States nor Great Britain could advance contending claims, 
shows that the right of free navigation was the important question 
involved in the controversy. 

Mr. Adams then pi-oceeded to consider the grounds upon which the 
Russian title rested, reviewing his own discussions with M. de Poletica, 
the earlier correspondence of 1S()8 and ISIO in relation to the traffic in 
tirearms and amunuiition, and the nuitual trade rights of the United 
States and Great Britain on the Northwest Coast established by the 
third article of the treaty of 1818. " He added: " You are authorized 
to propose an article of the same import for a term of ten years from 
the signature of a joint convention between the United States, Great 
Britain, and Russia.""'' 

Mr. Middleton was further instructed as follows: ''With regard 
to the territorial claim, separate from the right of traffic with the 
natives and from any system of colonial exclusions, we are willing 
to agree to the boundary line within which the Emperor Paul had 
granted exclusive privileges to the Russian American Company — that 
is to say, latitude 55 ."" 

The points which Mr. Adams desired to secure, namel3% the aban- 
donment by Russia of the claim over the sea within 100 miles of 
her territory, and a privilege for ten years of unrestricted trade 
for American citizens, together with the point he was willing to 
concede, namely, a boundary line at the 55th parallel of north 
latitude, beyond which neither nation should extend its settlements, 
he embodied in a draft of a convention. Avhich he inclosed, the pro- 
visions of which were substantially the same as those of the treaty 
finally concluded in 182-1. 

In accordance w^ith the suggestion which he had made to Mr. Strat- 
ford Canning, the letter of instruction contained the following: '^As 
the British Ambassador at St. Petersburg is authorized and instructed 
to negotiate likewise upon this subject, it may be proper to adjust 

« For treaty, see Treaties and Conventions between the I'nited States and Other 
Powers, Washington, 1889, p. 415. 
^ Appendix, pp. 48-50. 



24 THK CASE OF THE UNITED STATES. 

tho interests jind chiiins of the three powers by a joint convention. 
Your full power is prepared accordingly."" 

On the same day upon which he forwarded to Mr. Middleton his 
full power Mr. Adams sent a long- dispatch to the American minister 
at London, Mr. Rush, concerning the state of affairs existing- upon 
the Northwest Coast.'' He discussed the relations between the United 
States and Great Britain created by the treaty of 1818, the founda- 
tion of the title of the United States to the territory watered by the 
Colum])ia Kiver. and the territorial rights of Russia. 

After showing how nuich stronger was the American claim to pos- 
session than either the British or Russian claim, he made the follow- 
ing assertion, which is suggestive of the declaration contained in the 
famous message of President ]\lonroe sent to Congress in December 
of the same 3^ear: "It is not imaginable that, in the present condition 
of the world, any European nation should entertain the project of set- 
tling a colon ijow the northwest coast of America.'"'" He continued: 
"That the United States should form establishments there, with views 
of absolute territorial right and inland communication, is not only to 
be expected, but is pointed out by the iinger of nature."" 

This statement of the attitude of the United States toward future 
colonization bv European nations and of expected extension of Amer- 
ican settlements is peculiarh" important in determining the actual 
position of the United States in regard to Russia's title to her Ameri- 
can possessions. It was written upon the same day that the instruc- 
tions and the draft of treaty were sent to ]Mr. Middleton in which Mr. 
Adams tixcd the 55th parallel of north latitude as the northern limit of 
settleuients by the United States and as the southern limit of Russian 
occupation. The one conclusion is that he was convinced that Russia 
had already an established colony within the limits named in his treaty 
draft, and, therefore, an unassailable title to the territory. 

The Secretary of State also informed Mr. Rush that Mr. ^Middleton 
had been instructed and empowered to carry on negotiations with 
Russia as to the conflicting claims on the Northwest Coast, and he pro- 
posed that, as three nations were involved in the controversy, the 
United States and Great Britain should come to a mutual understand- 
ing as to their respective pretensions. Mr. Rush was furnished with 

"Appendix, p. 51. & Appendix, p. 52. c Appendix, p. 54. 



NEGOTIATIONS OF 1822 AND 1828. 25 

the instructions sent to ]\Jr Middleton, and lie was directed "to con- 
fer freely with the British Government on the subject."" 

Mr. Adams, after reviewing the instructions to Mr. Middleton, 
authorized the American minister at London to propose to the British 
Government a stipulation that the United States should not make set- 
tlements north of latitude 51"^, that Russia should make none south of 
bo°, and Great Britain should make none north of 55-' or south of 51^.* 

Secretary Canning-, on July 12, 1823, forwarded to Sir Charles Bagot 
a copy of the dispatch of Mr. Stratford Canning of May 3, in which 
he stated Mr. Adams's proposal of joint action l)y the United States 
and Great Britain.'' In the letter transmitting this copy Mr. George 
Canning said: '' We have no precise information as to the views of the 
American Government, Mr. Rush not having yet received anj^ instruc- 
tions upon the subject. It seems probable, however, that the part of 
the question in which the American Government is peculiarly desirous 
of establishing a concert with this country is that which concerns the 
extravagant assumption of maritime jurisdiction. * * * Upon 
this point, therefore, such a concert as the United States are under- 
stood to desire will be peculiarly advantageous." 

Mr. Canning, however, deemed it wise not to give definite instruc- 
tions until he had been informed of the views of the American Gov- 
ernment. Of the territorial claim, he said that it was "perhaps 
susceptible of a separate settlement," and that "of the two principles 
on which the settlement could be made, viz, joint occupancy or terri- 
torial demarcation," the latter was "clearly preferable." He then 
suggested a line of demarcation at the 57th degree, "which," he 
said, "would be an arrangement satisfactory to us, and would assign 
to Russia as much as she can pretend to be due to her;" and he 
directed the British minister to find if such a basis would be agreeable 
to the Russian Government.'' 

Sir Charles Bagot, in view of the approaching departure of Count 
Xesselrode from St. Petersburg, deemed it advisable to inform him 
of the probable authorization of the American minister and himself to 
act jointly in negotiating the question of maritime jurisdiction raised 
b}" the ukase.' The announcement met with Count Nesselrode's 
hearty approval, and he stated that M. de Poletica, "supposed to be 

« Appendix, p. 55. ''Appendix, p. 120. « Appendix, p. 125. 

^Appendix, p. 56. ''Appendix, p. 123. 



2(> THE CASE OF THE UNITED STATES. 

the person most conversant with the whole question," would be prob- 
ably instructed to prepare the necessaiy materials so that the matter 
could be taken up immediately- upon his return to the capital. 

As to the territorial claim advanced by Russia, the British minister 
explained to Count Nesselrode that, as the Ignited States made no pre- 
tension to territory as far north as the 51st parallel, the question 
rested between (ireat Britain and Russia alone, and became, therefore, 
a matter for separate settlement between the two interested g-overn- 
ments. lie then, in accordance with his instructions, stated the two 
modes of settlement, and that the preference of the British Govern- 
ment was to lix a definite boundary line. Count Nesselrode coincided 
with this view, and assured Sir Charles ''• that the chief if not the only 
object of the Imperial Government was "to be upon some certainty in 
this respect."" 

In a second interview the British minister stated that, while Great 
Britain claimed to 59"^ of north latitude, a line drawn at 57^ would 
be acceptable, and that he believed that Russia had no settlement south 
of that line. In reporting the conversation to Mr. Caiuiing he said 
that he was not quite sure that this assertion was correct, since the 
map published in 1802 in the quartermaster-g-enerars department at 
St. Petersburg (Map No. 6 in the Atlas accompanying this Case) did 
not locate the '* Russian settlement of Sitka " very precisely, and it did 
not api)ear at all on the Arrowsmith map (see Maps Nos. 8 and 1(> 
in the Atlas acconq)anying this Case) sent to him from the Foreign 
Office. Count Nesselrode replied that he was not familiar enough 
with the subject to give an immediate answer, but that he would take 
the matter under consideration. 

Before his dispatch of August 31, 1823, in which these interviews 
were reported to the Foreign Office, had been sealed, Sir Charles 
Bagot was informed by Count Nesseli-ode that M. de Poletica had 
been connuanded by the Emperor to conununicate directly with the 
American and British ministers in regard to that part oi the ukase 
as to which it had been proposed to act jointly as soon as Mr. Mid- 
dleton had received his instructions.'' 

Mr. Middleton, on September 19, 1823,' had not received the 
expected lett(>r from the Department of State, but he had been 
informed by Count Nesselrode that advices from Baron de Tuvll inti- 



" Apin'iiilix, pjx 12f>-127. '^Appendix, p. 127. 

'■ ApjH'iidix, p. 5H. 



NEGOTIATIONS OF 1S22 AND 182:^. 27 

matod that the negotiation was to he transferred to St. Petershury. 
and h}^ Sir CharUvs Bagot that Mr. Canning had ''eagerly caught at 
the proposition" of joint action, and that instructions to that ettect 
would undouhtedly he received from Washington. On August 22 
Septeml)er 3, 1823, the dtiy on which he k^ft St. retersl)urg," Count 
Nesselrode notified Mr. MidcUeton of M. de Poh^tica's authorization 
to hegin conferences witii him for the purpose of preparing the way 
to a definite adjustment of the controversy.'' 

Mr. Adams's letter of instructions was finally received by Mr. Mid- 
dleton on October It!.' Although he did not connnunicate its contents 
to the British minister, the latter from conversations with his colleague 
concluded ''what," he said, he "had long had reason to suspect,'"' 
namely, that the Tnited States "so far from admitting that they have 
no territorial pretensions so high as the fifty-fir^t degree of north 
latitude and no territorial intei'est in the demarcation of the boundary 
between His Majesty and ihe Emperor of Russia to the noi'th of that 
degree," were prepared to assert equal pretensions with Great Britain 
and Russia to the whole coast as far north as the tJlst parallel and the 
right to be a party to any partition of that region. 

Sir Charles further reported that Mr. Middleton had confidentially 
informed him that the United States desired, upon th(^ assumption of 
the right to share in the di\ision of territory, that the three powers 
should enter into a joint convention to grant to each other, for a lim- 
ited period, the mutual rights of fishery and trade upon their respective 
coasts, and that he had, in fact, received the draft of a treaty to that 
efiect from his government."' 

This position of the United States, new so far as the I'epresentatives 
of (Jreat Britain were concerned, at once changed the attitude of these 
two nations toward each other in the controversy. 

As to the question of the maritime jurisdiction assumed by the ukase 
tluMr interests were identical, but in regard to the territorial claims 
involved they were quite dissimilar. Excepting the efforts of both to 
restrict Russian dominion over the ocean to the customary territorial 
limits and to preserve the freedom of the high seas for navigation — 
efforts which were natural to the two principal maritime nations of that 

'* Appendix, p. 56. 

'' Appendix, p. 57. 

'Appendix, p. 129. 

''Apjjendix, p. 130. Fur draft of treaty referred to, see Appendix, p. 51. 



28 THE CASE OF THE UNITED STATES. 

period— the aim of the two powers, and of Russia also, was to secure 
the trade interests of their respective citizens and subjects in these 
regions. 

The American traders carried on their operations from the sea. It 
was of supreme importance to them that the,v should not be restricted 
from enterino- the inland waters and approaching the shores. The 
boundary line upon the coast was of small moment compared with 
obtaining this privilege of trade, though a claim of territor}' otiered a 
means of securing the former by mutual concession. 

The British fur traders, on the other hand, conducted their industry 
entiivly from the land side of the territory claimed b\^ Russia, onh" 
reaching the ocean far below SI"- north. Their interest on the coast 
above that parallel was speculative, depending upon the navigable 
character of the rivers flowing into the Pacific from the region where 
the}' had established trading posts, and the probabilit}' of a farther 
extension of their operations northward and westward. They pos- 
sessed no conunerce such as the Americans had enjoyed for thirty 
3'ears along the coasts north of 51^; a prohibition of trade with that 
region would have worked no hardship to them. The interests of the 
British fur traders — in other words, the Hudson's Bay Company — lay 
in securing a line on the coast as far north as the latitude of their posts 
west of the Rocky Mountains, and in preventing an extension of 
Russian dominion so far eastward as to interfere with the trade of the 
Hudson's Bay Company along the Mackenzie River and its tributaries. 

The trade of the Russian American Company was thus menaced 
from the sea and from the land, and to it the rights over the terri- 
torial waters and the establishment of an inland boundary were 
equally essential in preventing the invasion by foreign fur traders of 
the coasts and islands to which its operations were confined. 

An examination of the subsequent negotiations of the three powers 
will emphasize these diflferent points of view, and will disclose that, 
outside of the all-important ((uestion of exceptional maritime juris- 
diction, the conflicting interests of the American fur traders, the 
llud.-.on's Bay Company, and the Russian American Company were the 
important factors in the controversy, and that to harmonize these was 
the purpose of the respective goveriuuents, rather than to acquire 
territory. 

Sir Charles Bagot. in view of the new conditions, in contemplation 
of which neither his instructions nor powers were framed, at once sus- 



NEGOTIATIONS OF 1822 AND 1823. 29 

pended the negotiations, whit'h he had eoinnienced witli M. de Poletica, 
until he shoidd receive t'urth(>r directions from his o-overnnient; and 
at the same time he expressed liis apprehension of the difficulties 
which '•'"the unexpected pretentions of the United States" might 
cause/' 

Mr. Middleton. who had been disinclined to discuss the subject in 
controversy with M. de Poletica upon finding that the latter "had no 
powers to convhuJt/ an3'thing,'' availed himself of the circumstances 
and declined further conference with the Russian representative until 
the British minister iiad received full powers to negotiate upon the 
entire subject.^' Thus the negotiations at St. Petersburg were tem- 
porarily suspended. 

The course pursued by M. de Poletica after being commanded to 
take up the subject with the American and British ministers he 
reported in detail to Count Nesselrode on November 3 15, 1823.'' He 
stated that before entering upon the negotiations he consulted Count 
de Lambert, the official representative of the Russian American Corn- 
pan}", whose interests were to be safeguarded. The result of this 
consultation was that M. de Poletica was convinced that the interest of 
the company "would be protected and their wishes entirely satistied,'' 
if the Russian negotiators succeeded in fixing "the l)oundaries of the 
possessions of the said company at the tift^'-fourth degree of north 
latitude, and by giving them in depth such a degree of longitude 
(meridian of Greenwich) as, in its prolongation to the pole, would leave 
the Mackenzie River outside '^ the Russian lioundary. 

The report continues with the following language, significant of the 
object to be secured in determining the inland boundary of the Rus- 
sian possessions: "In fixing the longitude. Count de Lambert had 
mainly in view the e><t<(l)1!xJnnent of a harrier'^ at which would be 
stopped, once for all, to the north as to the west of the coast allotted 
to our American company, the encroachments of the English agents 
of the Amalgamated Hudson Bay and Northwest English Compan}-, 
whom a more intimate acquaintance with the country traversed l)y the 
Mackenzie River might easily bring in the course of time into the 
neighborhood of our establishments.''' 

" Appendix, p. 130. <^Not italicized in the original. 

''Appendix, p. 58. « Appendix, pp. 137-138. 

c Appendix, p. 137. 



30 THE ( A8K OF THK UNITED STATES. 

The iiiipoitiincc of this stutciuent is inoioa.sed bv the fact that 
M. ch' Poletica continued, from the time when he thus dechircd the 
ol)ject desired until the neg-otiations ended in the treaties finally cele- 
brated, sul)stantially in charge of the Russian side of the controversy, 
and from the further fact that Count de Lambert's suggestion was 
in ettect embodied in the signed treaties. Russia from the first 
sought to erect a territorial ''barrier'' between her coasts and the 
inland possessions of Great Britain, and this ''l)arrier'' she secured l)y 
the provisions of the treaty of 1825 with (treat Britain, 

Count de Lambert also gave M. de Poletica to understand that the 
Russian American Company was not disposed to grant trade conces- 
sions to foreigners outside of "its acknowledged possessions." This 
determination M. de Poletica considered worthy f)f notice, since he 
deemed that in all probabilit}" this would form the '"chief and even 
the onh^ difficulty" in the negotiations with the United States. " 

Having learned from both the American and British ministers that 
they would undoubtedly act jointly upon the question of maritime 
jurisdiction, M. de Poletica, at the suggestion of the British minister, 
agreed to postpone its discussion until the instructions to Mr. Middle- 
ton arrived. Some days after the interview at which this postponement 
was agreed upon, Sir Charles Bagot said to the Russian representative 
that whil(^ awaiting the instructions, which Mr. Middleton had not 
tiuMi received, there was nothing to prevent their '"discussing the 
territorial (|uestion, to which the Americans were, in a measure, 
strangers."" 

Accordingly the two representatives met by iippointment on Octo- 
ber 14:,'' two days l)efore Mr. Middleton received his full powers and 
instructions.' At the outset Sir Charles Bagot discovered that M. de 
Poletica was not authorized to make any ])ositive declaration on 
behalf of his Government nor receive any proposition otherwise 
than lid I'l fri-<'ii(hiiii. However, in view of his instructions to 
obtain from Russia, if possible, some definite statement of her posi- 
tion.'' he asked M. de Poh'tica what, in tiie o})inion of the Imperial 
(lovernment, should lie the line of separation betwM'en th(> British and 
Russian ])ossessions on the Northwest Coast. The lattcM- frankly 
replied that his government woidd think tiiat it had made all the 



" Ajjpendix, p. 138. ' Appendix, p. 129. 

''Appendix, p. l.'ill. '' Ai>pendix, p. 124. 



NEGOTIATIONS OF 1S22 AND 182:5. 81 

conee^.sions wliich inofUM-ation iind a desire to nuiiiitaiii friendly rela- 
tions with other powers recjuired "■1)y lixino- the boundar}' between 
the Russian and EnoHsh possessions at the tit'ty-t'ourth deg-ree of lati- 
tude, and by giving for the longitude such a line as in its prolonga- 
tion in a straight line toward the pole would leave the Mackenzie 
River outside of the Russian frontier." « This language is, with imma- 
terial variations, the same used by C'ount de Lambert. The proposi- 
tion of the Russian American Company' had become the declared 
l)osition of the Russian (Tovernment. 

Sir Charles Bagot replied that this line was very far from the one 
his govermnent wished to tix. He then entered upon an argument 
against the legality of the Russian title, during which he read the 
opinions of the law officers of the Crown, but "suddenly suspended 
the discussion" to say that his government, after all, had " no inten- 
tion of discussing the territorial question according to the abstract 
principles of pu))lic law or of international law," believing a more 
satisfactory result could be reached by "an amicably arrangement, 
which would be based only upon mutual consent." M. de Poletica 
assured him that the Imperial Government fully coincided with this 
view of the negotiations.'' The report of the Russian negotiator con 
tinues: " Chevalier Bagot then placed himself before the geographical 
map which we had at hand, and traced upon it with his linger a line 
beginning at the tifty-seventh degree of latitude, the intersection of 
which designated [donf T'nit(n'>«ietwn des'ujn<i'd''\ the one hundred and 
thirty-fifth degree of longitude west of Greenwich, precisely at the 
point where our establishment of Novo- A.rchangelsk appears to be."'' 

Sir Charles Bagot, who gave a very brief account of this interview 
with M. de Poletica.'' said in his report: "I then gave him to under- 
stand that the British Government would, 1 thought, be satistied to 
take Cross Sound, lying about the latitude of 57i^, as the boundary 
between the two powers on the coast; and a meridian line drawn from 
the head of Lynn Canal, as it is laid down in Arrowsmith's last map 
(see Map No. Jo in the Atlas accompanying this Case), or about the 
one hundred and thirtv-tifth degree of west longitude, as the t>()undary 
in the interior of che continent." 

"Appendix, p. l.Sl>. 'Appendix, p. 185. 

''Ajipendix, p. 140. ''Appendix, p. 131. 



32 THE CASE OF THE UNITED STATES. 

There is an evident disagreement here between the two accounts of 
the interview. l)ut as Sir Charles indicated the proposed line by tracing 
it roughly with his tinger. it may be presumed that his statement of 
the proposal made is the correct one. ( For the line proposed, see 
Map No. 3 in the Atlas accompanying this Case.) By either 
vci-sion. however, Kussia would, if the boundary was adopted, be 
deprived of her important port of New Archangel, and that was 
sutticient reason for M. de Poletica to state that there was no proba- 
bility of the Imperial Government withdrawing two degrees beyond 
the point (55^ of north latitude) mentioned in the charter granted in 
1799 to the Russian American Company as the southern boundai-y of 
its possessions.'^' But in view of that original limitation M. de Poletica 
gave the British minister to understand that he believed the Imperial 
Government would be willing to replace the boundary of the Russian 
dominions at that parallel.* To this extent he modified Count de 
Lambert's j)roposition. which tixed it at 54-. 

Sir Charles Bagot, in his note to Mr. Canning, said of this tirst line 
of demarcation proposed by Great Britain: "I thought that it might 
hv fnr tJn- a(1ranta</r of the negotiatiori'^^ \i 1 reserved the proposition 
of the tifty-seventh degree to a later period of it, * * *."''' This 
would appear to mean that he intended to insist upon this boundary as 
long as the proposal of Russia remained unchanged, but that he would 
recede from it provided he could secure sufficient concessions in 
exchange. 

M. de Poletica, in reporting the substance of these conferences to 
Count Nesselrode, said that matters of secondary importance were 
mentioned. Among these he stated that the British minister agreed 
with him " in the most explicit manner that the territorial question did 
not concern the Americans in the least;"" but that Sir Charles thought, 
as did he, "" that they would try to obtain'' from Russia *'the recog- 
nition of what the}^ claim to be an ancient right belonging to them, 
not onlj^ to navigate" the Russian "waters f reel 3% but also to trade 
with the natives of the countr}-."'^^ 

One of these subjects, which then seemed of ^ secondary importance," 
has, in the present controversy, become of interest in determining the 
view of Great Britain as to the character of the sovereignty which 

"Appendix, p. 140. rf Appendix, p. 131. 

^Appendix, p. 141. ^Appendix, p. 142. 

<• Not italicized in the original. 



NEGOTIATIONS OF 1822 AND 1823. 33 

Russia would possess within the limits fixed by a treat}' between them. 
The lanouage of M. de Polctica is as follows: "In this way [i. e., inci- 
dentally] Chevalier Bagot, after informing- me of the plan of demarca- 
tion devised b}" his Government, agreed unhesitatingly that when the 
boundaries between our respective possessions were once established 
we would be perfectly free to introduce into the territorj' allotted to 
us such administrative regulations as our own wisdom might suggest; 
that is to say, that we shall have full liberty to permit foreign naviga- 
tion in our waters or to reserve them exclusively for our own use."" 
It is evident from this declaration of the British minister, who was 
fully empowered to speak upon this subject for his Government, that 
Great Britain recognized that Russia had a complete and unlimited 
sovereignty over her American domain, and that to navigate her terri- 
torial waters or to trade along her coasts must be granted by her as a 
privilege and could not be demanded as a right by any other power. 

Negotiations having been postponed both by the American and the 
British minister at St. Petersburg', no further steps were taken until 
the middle of December, by which time it was expected that ISir 
Charles would receive dispatches empowering- him to enter upon a 
tripartite negotiation of the territorial as well as the maritime ques- 
tion.* When the time arrived and the British minister had received 
no further instructions from his government, Mr. Middleton, 
"unwilling," as he said, ''to lose any further time," delivered on 
December IT, 1823, to Count Nesselrode a confidential memorial upon 
the subject in controversy "for his own and the Emperor's perusal."*^ 

This memorial, prepared by Mr. Middleton after the negotiations 
ceased in October,'^ is a review of the statements, arguments, and 
assertions contained in Mr. Adams's letters of July 22, 1823, to the 
American ministers at St. Petersburg and London.^ The subject is 
treated so as to emphasize the Spanish claim to the American coast, 
bv discovery, as far north as the 01st parallel, to which claim the 
United States had succeeded, and the rights of trade, which the 
United States asserted to have become vested in its citizens through a 
long period of undisturbed enjoyment.'" 

While the legal principles involved are discussed, the chief aim of 
the memorial is to establish the superiority of the territorial rights of 

"Appendix, p. 142. <^ Appendix, p. 58. 

^ Appendix, p. 58. « Appendix, pp. 47-51, 52-56. 

f Appendix, p. 67. /Appendix, pp. 59-65. 

21528—03 3 



34 THE CASE OF THE UNITED STATES. 

the United States over those of Russia between 51° and 61° north 
latitude, and the right of the former to navigate and trade along the 
coasts at such places as had not been actualh' occupied and settled bj' 
Russia. The question of maritime jurisdiction to the extent of 100 
miles from the coasts, which had been the principal cause of the nego- 
tiations, had })een practically eliminated by the modiiication of the 
regulations of the ukase by the Russian Government. So far as that 
subject was concerned, a treaty provision insuring freedom of navi- 
gation in the North Pacific and Bering Sea to the citizens and subjects 
of both powers would be a sufficient formal renunciation of the 
Russian pretension. To such an article in the treaty to be negotiated 
Russia, in view of her withdrawal from her maritime claim, would 
presumably offer no objection. The real •subject of negotiations, there- 
fore, became the trade privileges which American citizens should in 
the future have along the coasts of the i^ussian possessions. 

The negotiations, of which this memorial formed the basis, did not 
commence until February 21, 1824,^' twelve days after Mr. ]\liddleton 
had received a letter from Mr. Rush, dated January 9,* informing 
him that Great Britain had declined to treat conjointly with the 
United States at St. Petersburg, a fact confirmed by Sir Charles 
Bagot, who received the same day a dispatch to that effect from the 
Foreign Office." This change of attitude b}' Great Britain may be 
credited to two causes: the territorial claims advanced by the United 
States, and the declaration of President ]Monroe in his annual message 
to Congress in 1823 that the continents of America were not consid- 
ered subjects for future European colonization.^ 

Mr. Rush, who had received his instructions of July 22. 1823, toward 
the end of September,'^ was unable to obtain an interview with Mr. 
Canning until Deceni])er 17, at which time the latter had been apprised 
b}' Sir Charles Bagot that the United States Government was prepared 
to assert a territorial claim as far north as 61^, which was based upon 
the succession to the rights of Spain, and that Mr. Middleton had been 
furnished with a draft of a tripartite convention covering both the 
maritime and territorial questions,' 

In the interview between Mr. Hush and Mr. Canning the former 
presented Mr. Adams's plan for a joint treaty of the three powers, 

"Ai)pendix, p. 68. <• Appendix, p. 231. 

^Appendix, p. 81. f' Appendix, pp. 52, 129. 

f Appendix, p. 130. 



NEGOTIATIONS OF 1822 AND 1823. 35 

providing- for freedom of trade in the territory and watei-s westward 
of "the Stony Mountains" during a term of ten years, and, further, 
that the United States should mal^e no settlements north of 51^, Rus- 
sia none south of 55^, and Great Britain none south of 51° or north of 
55^/' Mr. Canning expressed no opinion upon the questions involved, 
'•at Mr. Rush concluded from his remarks that he would strongly 
ot)ject to the limitations to British territory proposed, and that "in 
treating of this coast he had supposed that Britain had her northern 
((uestion with Russia, as her southern with the United States." In the 
course of his remarks Mr. Rush said " that the United States no longer 
regarded any part of that coast as open to European colonization, but 
only to be used for purposes of traffic with the natives and for fishing 
in the neighboring seas." Thus Mr. Canning was informed of the 
policy of the United States in regard to future colonization in America 
by European nations, of which he was to learn more when the post 
should bring copies of the annual message of President Monroe, 
submitted to Congress two weeks before this interview. 

On January 15, 182-1, Mr. Canning sent an instruction to Sir Charles 
Bagot,^ in which he declared that it was for the interest of Great 
Britain to proceed separately in the negotiation. He stated that the 
limits placed upon British dominion seemed to have been proposed by 
the United States for the purpose of avoiding any collision between 
itself and Russia, and of gratifying Russia at the expense of Great 
Britain; that he understood the proposition of joint occupancy made 
by the I'nited States was objectionable to Russia, and Great Britain 
had no desire to press it so far as that Empire was concerned; and 
that, under such circumstances, there "would be some awkwardness 
in a tripartite negotiation." 

These reasons Mr. Canning said had induced the British Govern- 
ment to hesitate as to the expediency of acceding to the proposal of 
the United States "when the arrival of the speech of the President 
of the United States at the opening of the Congress supplied another 
reason at once decisive in itself * * *. i refer to the principle 
declared in that speech, which prohibits any further attempt by 
European powers at colonization in America."^ 

Mr. Canning also informed Sir Charles that ]Mr. Rush seemed to 
acquiesce in the impossibility of joint action through this "new prin 

«Api)endix, p. 65. ''Appendix, p. 144. 

<■ Appendix, pp. 146-147. 



36 THE CASE OF THE UNITED STATES. 

eiple of the Prejsident's " and that it only remained to direct Sir 
Charles to resume his negotiation "with the Court of St. Petersl)urg- 
at the point at which it was suspended in consequence of the expected 
accession of the United States, and to endeavor to bring it as speedil}^ 
as possible to an amicable and honora])le conclusion."" 

In a memorandum dated Januar}^ 7, 1824, also sent to the British 
minister by Mr. Canning, the following language indicates the reason 
why the doctrine of the President was '"decisive" in determining the 
British Government not to proceed jointly: "But the principle laid 
down with respect to colonization in the speech of the President of the 
United States (to which Great Britain does not assent) must be so 
particularly displeasing to Russia that it may be expected to create 
some difficulty in the negotiation l)etween Russia and the United 
States. At all events, it must interpose a difficulty to that union of 
counsels between the United States and Great Britain without ^ hich 
concert would not be advantageous. Under these circumstances it is 
not thought advisable to send Sir C. Bagot fresh instructions for a 
tripartite negotiation."^ 

From the time that the determination of the British Government 
not to act jointly with the United States in the questions with Russia 
became known to the ministers of the two powers, they carried on 
negotiations which covered the same period of time, but were entirely 
distinct and independent of each other, there ^eing no conferences 
and nmtual exchange of views, such as had marked the previous course 
of the controversv. 



THE AMERICAN NEGOTIATIONS OF 1824. 

Mr. Middleton, upon receiving the notification that Great Britain 
would treat separately, at once announced to the Russian minister of 
foreign affairs and to Sir Chai'les Bagot that if any attempt was made 
to negotiate upon the territorial ([uostion without the participation of 
the United States, it would be his duty to protest in the strongest 
terms. He stated to the British minister that, as Great Britain had 
"no settlement or possession upon an)" part of the northwest coast of 
America," she had no "claims" to convey except such as she derived 
from the Nootka Sound convention with Spain, signed October 28, 

«Appen<lix, p. 147. '> Appendix, p. 69. 



THE AMERICAN NEGOTIATIONS OF 1824. 37 

ITIH);" that the United States had succeeded to all the Spanish rights 
l)y the treaty of Februavv '2'2, ISIV*.'' which gave the latter concurrent 
claims with Great Britain whatever her pretensions might ])e; and that 
for these reasons any treaty between Great Britain and Russia in which 
the United States was not a party would be nugatory as to it and could 
not divest it of the right to enjoy that coast/' Having made a decla- 
ration of similar intent to Count Nesselrode, Mr. Middleton secured 
an interview with him on February 21, 1824,"' at which he submitted 
a brief paper entitled "State of the Question'"' and a treaty draft-^ 
similar to the one sent to him b}" Mr. Adams in liis letter of instruc- 
tions of July 22, 1823.?' 

A second conference occurred on March 4, at which Count Nessel- 
rode and M. de Poletica submitted a counter draft to the one Mr. 
ISIiddleton had presented at the first conference.''' In this the line 
of demarcation was changed from 55^ to 54^ 40', and Russia further 
proposed the exclusion of Americans north of that line except at the 
port of New Archangel, and of Russians south of it.' Mr. Middleton 
informed the Russian negotiators that their proposal was "utterly 
inadmissible," and that his instructions were that two points must be 
obtained before he should enter into a ''^ territorkd ddimitcition for set- 
tlements at tifty-tive degrees." M. de Poletica replied that he would 
never sign any instrument allowing American ships free admission to 
the Russian coasts. Count Nesselrode remained silent. Mr. Middle- 
ton then agreed to take the counter draft under consideration.-' 

At the third conference on March 8,-^ Mr. Middleton submitted a 
memorandum upon the counter draft, which accepted the first article 
proposed b}^ Russia I'elating to the freedom of navigation in the Pacific 
Ocean and the right to resort to unoccupied coasts, modified the second 
article by limiting the prohibition to visit the possessions of the other 
power, without consent, to places occupied by settlements, and sub- 

"Hertslet's Commercial and Slave Trade Treaties, etc., Vol. II, p. 256. 

& Treaties and Conventions between the United States and Other Powers, p. 1016. 

''Appendix, 'p. 70. 

<' Appendix, ])■ "1- 

f Appendix, p. 81. 

/Appendix, p. 82. 

f/ Appendix, p. 51. 

/' Appendix, pp. 72-73. 

« Appendix, p. 83. 

.? Appendix, p. 73. 



38 THE CASE OF THE UNITED STATES. 

stantitilly uj^rood that the line of demarcation for future settlement 
should be 54- 40' instead of 55^. To the latter article Mr. Middleton 
added the following: '' It is at the same time ag-reed, however, that 
the vessels of the two powers, or belonging- to their citizens and sub- 
jects, mav, reciprocally, frequent all the interior seas, gulfs, harbors, 
and creeks of the said coast in order to carry on tishing and trade with 
the nat'ivt^ of the coxtitry without any hindrance or molestation what- 
evei' during toi years, to be counted from the date of signing the 
present convention."" 

Count Nesselrode and M. de Poletica took Mr. Middleton's pro- 
posals under consideration. On March 20 the plenipotentiaries again 
met. Count Nesselrode stated the last draft of the United States had 
been considered and but little remained to be done to reach an agree- 
ment, and that it onh' required to strike out the italicized phrase rela- 
tive to trade, and to change the "ten years" to "live years." To 
this Mr. Middleton replied that such a change w^ould amount to a stip- 
ulation to enjoy for a brief term, and as a privilege, that which the 
United States was entitled to by the law of nature, "in common with 
all other independent nations, to wit, the Jisheries upon an unoccupied 
coast."* It is evident from this statement that Mr. Middleton deemed 
a stipulation permitting acts on the part of citizens and subjects of the 
contracting powers for a fixed term was the grant of a privilege, and 
necessarih' a recognition of sovereignty in the power granting it. 

Having stated his objections to the proposed changes, the American 
envoy delivered to (,^ount Nesselrode a brief paper which treated solely 
of the weakness of Russia's territorial claims." Undoubtedly thiis 
action had the etfect of inducing the Russian plenipotentiaries to con- 
cede the provisions relative to reciprocal trade privileges rather than 
to open up the question of the legality of the Russian title to the 
territory, for Count Nesselrode at once seemed inclined to come to an 
agreement as to these privileges, provided that traffic in firearms and 
amnumition was prohibited. To this Mr. Middleton oV)jected that 
other nations might piotit )>y the ])r()hil>ition. l)ut as it was not formally 
proposed, its consideration was postponed to another meeting.'^ 

A delay of two Aveeks occurred, occasioned, as Mr. Middlton sup- 
posed, "to give time for consultation with the directors of the Rus- 
sian Amci'ican Company." On April 3 M. de Poletica left with the 

"Appendix, p. 84. •'' Appendix, p. 74. <" Appendix, p. 75. 



THE AMERICAN NEGOTIATIONS OF 1824. 39 

American minister for his consideration a new draft, explaining that 
the Emperor desired to add spirituous liquors to the prohibited 
articles of trade/' Between April 5 and li six conferences took place 
between the negotiators, several counter drafts were submitted and 
discussed, and tinally on April 5 17, 1824, the treat}^ Vjetween the 
United States and Russia was signed.* 

The articles of this treaty which are of importance in the present 
discussion are the third and fourth, which relate to the line of demarca- 
tion and the reciprocal privileges of trade. The}' are as follows: 

Article III. 

It is moreover agreed that, hereafter, there shall not be formed by the citizens of 
the United States, nor under the authority of the said States, any establishment upon 
the northwest coast of America, nor in any of the islands adjacent, to the north of 
fifty-four degrees and forty minutes of north latitude; and that, in the same manner, 
there shall be none formed by Russian subjects, or under the authority of Russia, 
south of the same parallel. 

Article IV. 

It is, nevertheless, understood that during a term of ten years, counting from the 
signature of the present convention, the ships of both powers, or which belong to 
their citizens or subjects, respectively, may reciprocally frequent, without any hin- 
drance whatever, the interior seas, gulfs, harbors, and creeks, upon the coast men- 
tioned in the preceding article, for the purpose of fishing and trading with the natives 
of the country. 

In explaining the reason for consenting to a limitation upon the 
privilege of trade, Mr. Middleton said that he would not have done 
so without receiving furthei' instructions, but he apprehended that 
before the}" could arrive Great Britain and Russia w^ould certainly 
have come to an agreement upon a boundary without the participa- 
tion of the United States; and he added: "We should then have no 
equivalent to offer for the trade we covet upon their shores, as 
neither of these nations seem disposed to consider as valuable any 
like advantage we may have it in our power to grant.'' '' This lan- 
guage explains fully the object sought from the outset by the United 
States — a continuance of its trade with the natives on the Northwest 
Coast, although it was limited by force of circumstances to a period 
of ten years. Russia had also secured by the treaty the desired 

«Appendix, p. 75. ''Appendix, pp. 10, 76. 

(^Appendix, p. 78. 



40 THE CASE OF THE TNITED STATES. 

recooiiition of lior sovereignty over the coast as far south as 54^ 40' 
north latitude, aV)ove which she could estalilish her settlements at 
will and exercise her g'overnniental authority. 

Count Nesselrode, in a letter to Admiral Mordvinof/' informing- the 
Russian American Company of the negotiations with (xreat Britain 
and of the conclusion six days previously of a treaty with the United 
States, wrote: '" In Article III the United States recognize the sov- 
ereign power of Russia over the western coast of America from the 
Polar Seas to 54^^ 40' of north latitude: * * *. In Article IV we 
allow the American States, though for no longer time than ten years, 
to trade and tish in places within our dominions: * * *."'-' He 
proceeded to show that the trade of the Americans had been allowed 
b}^ the company as if it were a natural right, and that it was much 
more to the company's benefit that it should be carried on "'' b}' per- 
mission granted them by us in solemn Convention, as through this the 
Americans as solemnly recognize that after the expiration of the few 
prescribed years we shall have the legal right to prohibit both trade 
and fishinof iu this region.'''' 



THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 

In the meanwhile the negotiations between Great Britain and Rus- 
sia had been in progress. The letter of Mr. Canning to Sir Charles 
Bagot, dated January 15, 1824,'' Avhich directed the latter to pursue 
the negotiations separately from the United States, contained a review 
of the territorial question, and instructions as to the course to be fol- 
lowed. These had been prepared after Mr. Canning had consulted 
with Mr. Pelly, the deputy governor of the Hudson's Bay Company, 
who subsequently, on .January 8, 1824, embodied the vicAvs of the com- 
pany in a letter to the Foreign Office.' 

In this communication, which was to form the basis of the instruc- 
tions to Sir Charles Bagot and the guide to his conduct of the 
negotiations at St. Petersl)urg, Mr. Pelly stated that from information 
lately received it appeared that the traders of the Hudson's Bay Com- 
pany were " extending their posts still farther to the west of the 
Rocky Mountains," and that there was a chain of trading stations on 

"Appendix, p. 166. <- Appendix, p. 169. 

& Appendix, p. 168. </ Appendix, p. 144. 

« Appenilix, p. 149. 



THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 41 

the Mackenzie River as far north as GT^. He argued that, as Sitka 
was on an ishmd, its occupation o-ave Russia no title to the opposite 
continent; but. even if she "had stations on the seacoast of the con- 
tinent." that o-ave her no better title than Great Britain secured by 
the posts on the Mackenzie. 

Mr. Felly's letter continues: 

From a want of accurate knowledge of the courses of the rivers or ranges of moun- 
tains, it is (hthcult to suggest any satisfactory boundary in the interior of the country 
in question, and (if consistent with your views) it might, perhaps, be sufficient at 
present to settle a boundary on the coast only and the country 50 or 100 miles inland, 
leaving the rest of the country to the north of that point and to the west of the range 
of the mountains which separate the waters which fall into the Pacific from those 
which flow to the east and north open to the traders of both nations. 

In this case, I would suggest the northern end of the inlet called Chatham Straits 
as the most southern point at which the coast boundary ought to be fixed. This is 
but a little (if at all) to the north of the most northern trading station in the coun- 
try to the west of the Rocky Mountains. 

The islands lying to the west of Chatham Straits may be given to Russia; but the 
Russians not to trade either on the coast or in the interior south of the boundary, 
and the British not to trade on the coast north of it. 

If it is considered proper to fix at present the interior boundary, I would suggest 
a line drawn from the above-mentioned point at Chatham Straits due north until it 
strikes the range of mountains which separate the waters (being the supposed con- 
tinuation of the range called the Rocky Mountains), and thence to follow the ridge 
of these mountains to the Frozen Ocean. 

This is the greatest concession which I think it would be advisable to make to 
Russia with regard to the interests of the British fur trade, and it would be desira- 
ble, as the means of preventing the risk of collision between the ti-aders of the two 
nations, if Mount Elias on the coast at 60° north latitude was taken as the boundary 
point, from whence the line of longitude should be drawn. « 

The notal)le points in this boundary proposition of the Hudson's Bay 
Compau}' is that the coast line of demarcation should ])e at the '" north- 
ern end of the inlet called Chatham Straits" (Lynn Canal); and from 
that point the line should run southward throug'h Chatham Strait. 
As to the line inland from Lynn Canal the suggestion was to carry it 
due north to the Rocky Mountains and then along the range to the 
Arctic Ocean, but this is modified in the last paragraph by the sug- 
gestion that the line should run from Lynn Canal to Mount St. Elias 
before following a parallel of longitude. 

It would seem that INIr. Pelly, in his conference with Mr, Canning, 
had to some extent varied this proposal, for the latter wrote that ]\Ir. 

« Appendix, p. 150. 



42 THE CASE OF THE UNITED STATES, 

Felly suo-o-csted " eithei- the channel between the islands [Chatham 
Strait], or that between the islands and the mainland [Stephens Pass- 
au'e] as the most desirable line of demarcation to the eastward."" 

Another feature of Mr. Felly's letter is the statement, " the Rus- 
sians not to trade either on the coast or in the interior south of the 
boundary, and the British not to trade on the coast north of it." 
This is indicative of the attitude of the Hudson's Ba}' Company toward 
reciprocal trade privileg-es, which, though ultimately obtained because 
included in the treat}' between the United States and Russia, were 
neither desired nor sought by the British fur company. 

Having reviewed the relations of the three powers on the North- 
west Coast, Mr. Canning stated to Sir Charles Bagot: ""The Russian 
ukase contains two objectionable pretentions: First, an extravagant 
assumption of maritime supremacy; secondly, an unwarranted claim 
of territorial dominion."* As to the first, he said, that all that 
remained for negotiation was to clothe the disavowal of Russia, 
already made, in satisf actor}' terms. As to the second, the line sug- 
gested by Mr. Fellv would be most satisfactory^ but, if that could not 
be secured, "then the line must be drawn on the mainland to the 
north of the northernmost post of the Northwest Company from east 
to west till it strikes the coast, and thence may ascend to whatever 
latitude may be necessary for taking in the island on which Sitka 
stands."' 

Mr. Canning, still following the suggestions of the Hudson's Bay 
Company, proposed in a vague way that Russian territory south of 
the head of Lynn Canal should be confined to "50 or 100 miles from 
the coast," beyond which the Russian posts should not be extended to 
the eastward. " We must not on any account," he said, "admit the 
Russian territory to extend to the Rocky Mountains."'" While the 
exact intent of Mr. Canning's proposal is very uncertain, it is impor- 
tant as the tirst suggestion of a strip of territory along the coast, 
which strip later developed into the Hsitrr with a width of 10 leagues 
introduced into the negotiations and the treaty. 

This letter of instructions was received, as has been said, by Sir 
Charles Bagot on February y, 1821:,'' and one week later he had a con- 



" Appendix, p. 145. The channel!^ are named, as here stated, in the i^anie para- 
graj)h from wiiich tiie (inotation is taken. 
'' Aiipeiidix, p. 147. 
' Appendix, p. 148. 
''Appendix, p. 68. 



THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 43 

ference with the Ru^sitm plenipotentiaries, Count Nessclrode and M. 
de Poletica. At the outset it was agreed "that the question of strict 
right .should be provisionally waived on both sides," and that the 
adjustment of their "mutual pretensions should be made upon the sole 
principle of the respective convenience of both countries/"' Having 
stated that he conceived the wishes and interests of Russia to be to 
secure her trade on the islands and coasts, and that the chief objects 
of Great Britain were "to secure the posts upon the continent belong- 
ing to the Hudson's Bay Company, the embouchures of such rivers as 
might atiord an outlet for our fur trade into the Pacific, and the two 
banks of the Mackenzie River,"' Sir Charles proposed as a "boundary 
a line drawn through Chatham Straits to the head of Lynn Canal, 
thence northwest to the one hundred and fortieth degree of longitude 
west of Greenwich, and then along that degree of longitude to the 
Polar Sea." (For this proposed line see Map No. 3 in the Atlas 
accompan3nng this Case.) 

This boundary line proposed by the British minister was substan- 
tially the one suggested by the Hudson's Bay Company. It differed 
from the one proposed b}' him during his conferences with M. de Po- 
letica in October, 1823", in that it included Chichagof and Baranof 
islands within the Russian possessions, though transferring the bound- 
ary north of the head of Lynn Canal five degrees farther westward, pre- 
sumably for the purpose of securing to Great Britain the entire val- 
ley of the Mackenzie. This oral proposal by Sir Charles was taken 
under consideration by the Russian plenipotentiaries, and at their next 
meeting, on February 24, they submitted a counter draft,^ of which 
the substance is as follows: The line of demarcation on the coast was 
to be at 55^ north latitude, the boundar^^ of Russian possessions fixed by 
the ukase of 1790; but, since that would cut through the southern 
extremitv of Prince of Wales Island, it was proposed to include the 
southern points within Russian territoiy. "To complete the line of 
demarcation and render it as distinct as possible, the plenipotentiaries 
of Russia have expressed the desire to make it follow Portland Channel 
[le Portland Canal] up to the mountains which border the coast. 
From this point the boundary would ascend along those mountains, 
parallel to the sinuosities of the coast, as far as the one hundred and 
thirty-ninth degree of longitude (meridian of London), the line of 

"Appendix, p. 131. ti Appendix, p. 158. 



44 THE CASE OF THE UNITED STATES. 

which clo<;Tee, prolonoed northward, would form the ulterior limit 
between the Russian and P^nglish possessions, to tlie north as well as 
to the east." 

From this description of the proposed l)oundarv it is clear that the 
Russian negotiators had l)efore them a map which delineated a range 
of mountains following the curvatures of the coast from Portland 
Canal to 139^ west longitude. Upon the charts of Vancouver, cover- 
ing this region (see Maps Nos. 4 and 5 in the Atlas accompan3Mng this 
Case), such a mountain range is laid down, and the cartographers, who 
followed his surveys closeh', reproduced this feature also. 

A map which is known to have l)een examined ])vSir Charles Bagot 
and was undoubtedly used by the Russian plenipotentiaries, since it 
was issued officially by the Russian Government, was the one prepared 
by the quartermaster-generars department, and published in 180:2.'^ 
(See Map No. 6 in the Atlas accompanying this Case.) An inspection of 
this map shows that it is to all intents a copy of the Vancouver charts, 
with a few names added and changed to correspond with the Russian 
nomenclature. The coast range of Vancouver is charted in detail, 
winding along the shores and around the inlets and baj^s from the 56th 
degree of north latitude to the 139th of wTst longitude. It is possible 
also that the Russian navigators had the French edition of the Van- 
couver atlas, which would show the mountains as depicted in the 
original English publication. No other maps of the time were on so 
large a scale as those, and it is to be presumed that in studying the 
geography of these regions for the purpose of determining an inland 
))oundary the Russian officials sought the charts which dealt most in 
detail with the coast and islands. These were the Vancouver maps or 
those which were reproductions of them. 

The natural inference from the circumstances is that the Russian 
map of 1802, or a subsequent edition of it, was the one before Count 
Nesselrode and M. de Poletica when the}' made their counter draft 
proposing the mountain range w'inding along the coast as the eastern 
boundary of the Russian possessions. An examination of this map 
will explain the meaning of the phrase "the desire to make it [the 
line of demarcation] follow Portland Channel [/c Portland Canal\ up 
to the mountains which l>order the coast." 

^Appendix, pp. 101, 127. 



THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 45 

The counter draft states the intent of its authors in making this 
l)roposal for an inland boundary in the following- paragraph : 

The pi'incipal motive which constrains Russia to insist upon sovereignty over the 
above-indicated lisicre (strip of territory) upon the mainland (terre ferme) from 
Portland Channel to the point of intersection of 60° latitude with 139° longitude is 
that, deprived of this territory, the Russian American Company would have no 
means of sustaining its establishments, which would therefore be without any sup- 
port (point d'appui) and could have no solidity." 

The monopoly of the Russian American Company was onh?^ of 
value so long as there were no trading establishments located in the 
vicinity of the islands and inland waters bordering the coast over 
which their grant of exclusive trade extended. While independent 
traders coasting along the shores were an annoj^ance to the company, 
they were not so serious a menace as a single trading post would have 
been, located upon the continental shore, to which the natives could 
bring their furs and from which white trappers could carry on their 
industry in the neighboring streams and rivers. It was to prevent 
this dangerous form of competition that the Russian plenipotentiaries 
proposed a lisiere which would operate as a barrier to the further 
advance of the Hudson's Kay Company toward the coast and prevent 
the establishment of rival factories among the natives with whom the 
Russian company carried on its trade. The purpose of fixing an 
inland boundary, w^hich should form such a barrier, had been recognized 
by M. de Poletica in his conferences with Count de Lambert in Novem- 
ber, 1823,^ as already noted. *^ 

Sir Charles Bagot, in the amended proposal Avhich he submitted 
after rejecting the counter draft of the Russian negotiators, stated of 
the proposed boundary that "a line of demarcation drawn from the 
southern extremity of Prince of Wales Island to the mouth of Port- 
land Channel, thence up the middle of this channel until it touches the 
mainland (terre ferme), thence to the mountains bordering the coast, 
and thence along the mountains as far as 13'.)-' longitude, would deprive 
His Britannic Majesty of sovereigntv over all the inlets and small baj's 
lying between latitudes b'o^ and 54^ -15', whereof several (as there is 
ever\" reason to believe) communicate directly with the establishments 
of the Hudson's Bay Company and are, consequently, of essential impor- 
tance to its commerce; while, on the other hand, the Russian American 

« Appendix, p. 158. ^Appendix, p. 137. 

c See ante, p. 29. 



46 THE CASE OF THE UNITED STATES. 

Company possesses no establishments on the mainland (terre ferme) 
])ptween the two above-mentioned parallels, or even on Prince of Wales 
Island, or on the islands located between the latter and the mainland." « 

The notable part in this statement hy the British minister is that he 
objected to the proposed line since ''it deprived His Britannic Majesty 
of sovereignt}' over all the inlets and small bays [de toutes ces anses et 
(le ces ■petites hales~\ lying between latitudes 56° and 5-4° 54'." The 
reason whv he confined his objection to the coast between these paral- 
lels becomes apparent upon reading- the proposal for a boundary offered 
by him in the same document in which the foregoing quotation appears. 
The proposal is as follows: "In order to obviate this difficulty, and 
to insure to Russia the exclusive sovereignty of these waters, as well 
as all the islands and coasts where there are really Russian establish- 
ments. Great Britain would offer to accept as the line of demarcation 
l)etwpen the territories of the two powers a line traced from the west 
toward the east along the middle of the channel which separates 
Prince of Wales and Duke of York islands from all the islands situ- 
ated to the north of the said islands until it touches the mainland (terre 
ferme). Thence, extending in the same direction on the mainland to 
a point 1(^ marine leagues from the coast, the line would run from this 
point toward the north and northwest, parallel with the sinuosities of 
the coast, and always at a distance of 10 marine leagues from the 
shore, as far as the 140° of longitude (Greenwich), the prolongation 
of which it would then follow to the Polar Sea," " 

Sir Charles, following that portion of his instructions which directed 
him to secure at least a line on the mainland as far north as the north- 
ernmost post of the Hudson's Bay Compan}'- west of the Rocky Moun- 
tains, which, according to Mr. Pelly's letter of September 25, 1822, 
was "the Rocky ^Mountain portage in 56° north latitude," ''proposed 
a line passing through Sumner Strait and reaching the shore of the 
continent in th(> neighborhood of Wrangell, alwut latitude 56° 30'. 
The Russian proposition for a lisiere, he proposed to modify by limit- 
ing it to a tixed width of 10 marine leagues, at which distance the line 
should run north and northwest "pamllel with the sinuosities of the 
coast, and always at the distance of 10 marine leagues from the ^hore 



"Appendix, p. 159. ''Appendix, p. 109. 



THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 47 

[riv(/f/e^'] as far as the one hundred and fortieth deo-ree of lonoitudc." 
(See Map No. 3 in the Athis accompanying this Case.) It would appear 
that this change of the inland boundary from the supposed mountain 
range to a uniform distance from the shore Avas in order to meet the 
direction of Mr. Canning in regard to limiting the Russian possessions 
south of Lynn Canal to 60 or 100 miles from the coast. 

This third line proposed by the British minister was a decided 
departure from his former proposition. It added to the two islands 
Chichagof and Baranof the entire archipelago north of Prince of 
Wales and Duke of York islands.* The most important change, how- 
ever, related to the continental possessions of Russia. By his first 
proposition Sir Charles had confined these possessions to the territory 
bounded ])y the Pacific Ocean, Cross Sound, Lynn Canal, and a line 
drawn northwest from the head of that inlet to the 139th degree of 
longitude. By his second proposition he had not increased this area 
in any respect but rather limited it by carrying the northern boundarj^ 
to the Ittoth degree. But by his third proposition he extended this 
territory on the mainland as far southward as 56° 30' of north latitude 
and eastward 10 marine leagues from the edge {rivage) of the conti- 
nent. 

In spite of the marked recession of the British plenipotentiary from 
his lirst two proposals, the Russian negotiators indicated no inclination 
to make like concessions. On the contrary, they maintained with 
firmness their proposition, in no wa}^ raodifjnng or changing the 
boundary which they had laid down in their counter draft. They 
called attention to the advance of the establishments of the Hudson's 
Bay Companj' westward along the 53d and 51th parallels, and of those 
of the Russian American Company southward; and stated that, while 
the latter may not have "3"et made permanent establishments on the 
mathematical line of the fi[fty-fifth degree * * * it regularly oc- 



« Appendix, p. 159. "Rivage: Les rives, les bords de la mer. Bord: L'extremite 
d'une surface, ou ce qui la teniiine. Le bord cV nne robe, les bords d'iin precipice." (Dic- 
tionnaire de L' Academic Franyaise, 6""" edition, Paris.) Rimge is derived from the 
Latin word ripa^ bank, the line where water ends and land begins. The word shore, 
which correctly interprets it, is literally "that which is shorn off, edge;" it is "the 
edge or margin of the land." (The Century Dictionary; Webster's International 
Dictionary. ) 

^The two islands, now known as Zarembo and Etolin, were charted in the early 
maps as one island, named Duke of York. See Map No 2 in the Atlas accompanying 
this Case. 



48 THE CASE OF THE UNITED STATES. 

ciipies the islands and neighborino- coasts during the season which al- 
lows it to send its hunters and tishermcn there/' By wa}' of contrast 
to this assertion they declared, " it can not be proved they [the estab- 
lishments of the Hudson's Bay Company] reach the Great Ocean at 
any point."" 

Having thus shown that the interests of Russia extended as far 
south as 55^. the Russian negotiators emphasized to the British min- 
ister the importance to Russia of a continental Jisiert in the following 
words: '"The plenipotentiaries of Russia have the honor to repeat to 
him that without a lisiere upon the continental coast, starting from 
Portland Channel, the Russian establishments on the islands in the 
vicinit}' would have no suppoi't (point d'appui); that they would be at 
the mercv of the establishments which strangers might form upon 
the mainland, and that any such arrangement, far from being founded 
upon the principle of mutual accommodations, would but otier dangers 
for one of the parties and exclusive advantages for the other."" 

What Russia dreaded, as has been said, was the location of rival 
trading posts on the coast, and it would seem that Great Britain, or 
rather the Hudson's Bav Company, desired to secure possession of the 
coast for that very purpose. In the counter draft submitted to Sir 
Charles Bagot at the second conference Russia had oti'ered the British 
subjects "the free navigation of all the rivers which empty into the 
ocean thi'ough the said lisiere."* If the sole object of insisting upon 
the territory lying on the coast was to obtain egress and ingress to 
and from the ocean, the unlimited privilege proposed b}" Russia 
would have been sufficient. The infera))le conclusion is that another 
and a stronger motive induced the British plenipotentiary to ignore 
this proposal and insist on possession of the coast as far north as 
56° 30' — namely, the opportunity that such territory would offer for 
erecting trading posts by which some portion of the lucrative fur 
trade carried on by the Russians could be diverted to the Hudson's Bay 
Company. Such a conclusion must have been reached by the repre- 
sentatives of Russia and induced them to unswervingly demand a ter- 
ritorial •• l»arrier*" against the nearer approach of British settlements. 

The language, in which the observations of the Russian plenipoten- 
tiaries had been couched, was distasteful to Sir Charles Bagot, since 
it termed concessions by Russia what Great Britain claimed as rights, 

a Appendix, p. 161. 6 Appendix, p. 158. 



THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 49 

and he vigorously protested against it, at the same time rejecting 
again the line proposed 1)y Russia/' He asserted that His Britannic 
Majesty could not, " without sacriliciug the interests of the [Hudson's 
Bay] company, renounce his rights of sovereignty over the coast and 
the islands directly dependent thereon, as far as 56^ 30' of north lati- 
tude;" that the "head of Portland Channel may be, as there is reason 
to believe, the mouth of some river flowing through the midst of the 
countr}^ occupied by the Hudson's Bay Company;" and that it was 
" consequentl}" of great importance to Great Britain to possess the 
sovei'eignty of the two shores thereof," 

In view of these statements Sir Charles then laid before the Russian 
plenipotentiaries, at a meeting held about March 17, a paper which 
contained what he gave them to understand was his "ultimate propo- 
sition.'"'^^ It was as follows: "It seems that a line drawn from the 
southern extremitv of the strait called 'Duke of Clarence's Sound,' 
through the middle of this strait to the middle of the strait which 
separates Prince of Wales and Duke of York islands from all the 
islands lying north of those islands, thence toward the east through 
the middle of the same strait to the mainland, to be prolonged after- 
wards in the direction and manner already proposed by his Britannic 
Majest^^'s plenipotentiary as far as Mount Elias or to the intersection of 
the 140th degree- of longitude, would form a line of demarcation 
which would conciliate the nuitual convenience of the two parties, and 
which would perhaps satisfactorily assure the reciprocal interests, 
both present and future, of the two empires in that part of the globe. "^' 

This fourth line of demarcation (see Map No. 3 in the Atlas accom- 
panying this Case) proposed by the British minister did not change the 
continental boundary, but added Prince of Wales Island to the Rus- 
sian possessions. It reserved to Great Britain "the two shores" of 
Portland Canal and "the coast and the islands directly dependent 
thereon as far as 56° 30' of north latitude," the territory' which he 
deemed to be necessary to the interests of the Hudson's Ba}' Company. 

Ten days passed before the plenipotentiaries of Russia submitted a 
reply to this last proposition of Sir Charles Bagot.'^ In it they stated 
that the proposals had l^een examined by the Emperor, who had 
charged them to repeat to the British plenipotentiary:^ "That the 

« Appendix, p. 163. c Appendix, p. 16-4. 

& Appendix, p. 156. 
21528—03 4 



50 THE CASE OF THE UNITED STATES. 

possession of Prince of Wales Island without a slice (portion) of 
territory upon the coast situated in front of that island could be of no 
utility Avhatever to Russia. That any establishment formed upon said 
island, or upon the surrounding islands, would find itself, as it were, 
tiankod l)y the English establishments on the mainland and completely 
at the mercy of these latter. * * * That tinally , as to the navigation 
of the rivers, Russia believed that she had offered to Great Britain 
all the advantages and concessions that the latter could desire. And 
that, in view of this state of things, the plenipotentiaries of His 
Imperial ]\Iajesty had received orders to insist upon their previous 
proposals, the reasons for which proposals they had fully explained to 
his excellency Sir Bagot."" 

Undoubtedly the Russian Government was willing to delay negoti- 
ations with Great Britain because of the expectation of the signa- 
ture of a treat,y with the United States. The negotiations with Mr. 
Middleton were approaching a satisfactory conclusion, and a line of 
demarcation on the coast at 54:° 40' north latitude had been substan- 
tially agreed upon. The solemn recognition of that line by the United 
States in a treaty provision would add strength to the position of 
Russia, that her continental possessions should extend as far south as 
that parallel. 

Sir Charles Bagot, finding that the decision of the Russian plenipo- 
tentiaries was hnal, announced that, as he had already exceeded his 
instructions, he must consider the negotiations necessarily ended, so 
far as the question of territorial demarcation was concerned.'^ Count 
Nesselrode asked to have the final decision submitted to the British Gov- 
ernment, expressing the hope that Sir Charles would receive further 
instructions which would meet the Russian views. This the latter 
said he would do, but suggested that the maritime question, "which 
would not admit of equal postponement," should be adjusted in the 
meanwhile. Count Nesselrode replied "that if the territorial 
arrangement was not completed he did not see the necessity of making 
any arrangement respecting the maritime question." Sir Charles, 
surprised by this attitude of the Russian negotiator, argued that 
Russia had alreadj'- engaged to retract her pretension of dominion 
over the sea; but his efforts were unavailing, and the conference ended 
without action upon this point. 

"Appendix, p. 165. ^Appendix, p. 156. 



THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 51 

The British minister, in reporting to the Foreign Office the course 
and failure of the negotiations, said: "I ought to state that, notwith- 
standing this unexpected observation of Count Nesselrode, 1 do not at 
all believe that, had we been able to agree upon our southern line of 
demarcation, we should have found any real difficulty either as regards 
the retraction of the maritime pretension, or as regards our western 
boundary, or any of the other minor details which we should have been 
called upon to adjust." ^'■ 

The territorial controversy, through the gradual withdrawal of the 
British demands as shown by the four lines of demarcation proposed 
by Sir Charles Bagot (see Map No. 3 in the Atlas accompanying this 
Case), had shrunk to a dispute over the possession of an irregularly 
shaped section of the continent bounded on the east hj Pearse and 
Portland Canals and a presumptive chain of mountains, on the noi'th 
by a line extending from a point on the coast, about latitude 56° 30', 
to the mountain range, and on the west by the indented continental 
shore line, together with the islands lying between Clarence Strait 
and the mainlaind from 54° 40' to 56° 30' and those situated north 
and west of Portland Canal and between it and the continent. 

Shortly after the signature of the treat}^ between the United States 
and Russia, April 5 17, 1821, ('ount Nesselrode reviewed in a letter 
to Admiral Mordvinof the progress of the negotiations with both the 
United States and Great Britain.* He stated that Russia sought the 
interests of the Russian American Compan}^, and that "Great Britain, 
on her part, represents the rights of the Hudson's Baj^ Compan3\" 
Having set forth the danger of " disagreeable consequences " arising 
from the extension of the settlements of both companies along the 
55th parallel, he continued: "For this only one expedient presents 
itself — to establish at some distance from the coast a frontier-line 
which shall not be infringed by our establishnients and trappers, as 
also by the hunters of the Hudson's Ba}^ Company. The plenipoten- 
tiaries on both sides equally recognized the necessity of this measure; 
l)ut the width of the coast-line necessary for the safe existence and 
consolidation of our Colonies, the direction of the frontier, and even 
its starting point on the Continent of America, still form subjects of 
negotiation, and the British Ambassador has declared that for continu- 
ing them he must seek new instructions from his court." "^ 

"Appendix, p. 156. & Appendix, p. 166. 

« Appendix, p. 167. 



52 THE CASE OF THE UNITED STATES. 

This statement shows beyond controversy the purpose of establish- 
ino- a l/Nn-re upon the continent. It was. as has ])een said, to create 
an unbroken l)arrier along- the entire water-front of the continent. 

Count 2sesseh-ode further called the attention of his correspondent 
to the fact, "that, in accordance with contemplated plans, these settle- 
ments [i. e.. colonies] after the line of frontier has been fixed, will 
acquire recognized and undisputed possession of a considerably exten- 
sive zone of country."" This statement is in answer to Admiral 
Mordvinof's assertion that "seaboard colonies require for their 
welfare, not only the control of the shore," but broad lands on the 
mainland.'' At the time Count Nesselrode wrote, Russia had taken a 
decided position as to the lisiere^ from which she did not afterwards 
recede: and, when he termed this Ilslh^e "a considerable extensive zone 
of country," he showed that it was his understanding that no incon- 
siderable area on the continent Avould be secured if the proposed 
boundary was accepted ))v Great Britain; while the expression, 
"recognized and undisputed possession" indicated his views of the 
territorial rights which Russia would obtain. 

The dispatch of Sir Charles Bagot announcing the failure of the 
negotiations at St. Petersburg was received at the Foreign Office on 
April 1-i, 1824. On the 24:th Mr. Canning wrote approving his sus- 
pension of the conferences and stating that he had "referred the 
whole question of this negotiation anew to the Governors of the Hud- 
son's Bay Compan}', whose Report '" he expected shortly to receive. 
He added: "I have some reason to think that that Report will recom- 
mend the polic}' of closing with the Russian proposals rather than 
leaving the points in dispute unsettled for an indefinite time."'^ 

Toward the latter part of jNIay the Russian minister at London, who 
had been previouslv apprised of the suspension of the negotiations at 
St. Petei'sburg, received a dispatch from his government outlining 
its attitude in the controversy.*^ In this communication Count Nessel- 
rode stated the Usiere proposed l)y' Russia, and in explaining the 
southern boundary used the following language: "We proposed to 
carry the southern frontier of our domains to latitude 54" 40' and to 
make it abut upon the continent at the Portland Canal, of which the 
opening into the ocean is at the same latitude as Prince of Wales 

« Appendix, p. 167. c Appendix, p. 175. 

& Appendix, p. 152. f? Appendix, p. 172. 



THE BRITISH NEGCTriATIONS OF 1824 AND 182.'). 53 

Island, and which has its orig-in inland between 55-' and 50^ of 
latitude/'" 

This statement locates detinitel}^ and be^'ond controversy the line of 
demarcation between the British and Russian possessions until it 
reaches the mainland. After reciting- in detail the relative interests of 
the Russian American and Hudson's Bay companies in the disputed 
territor}^, which "appear insig'niticant on the map at tirst glance," he 
summarized in the following sentence the purposes of the negotiation: 
"Thus we wish to keep and the English companies wish to obtain.^'' ^'' 

He argued the weakness of the British claim, as shown by the lack 
of settlements on the coast; that Great Britain, b}'^ the treaty of 1818, 
had admitted that the claim of the United States was as valid as hers; 
and that the latter power had, by the treatv recently signed, tixed the 
Russian boundar}^ at 54° 10'. He declared: "Russia can not stretch 
her concessions further. * * * Russia, when she insists on con- 
serving a moderate expanse of the mainland (terre tirme), only insists 
fundamentally upon the means of utilizing — we can better say, of not 
losing — the environing islands."'^ 

Count Lieven at once laid this dispatch before Mr, Canning, who, 
on May 29, notified the former that Sir Charles Bagot would be given 
discretion to enable him to admit the line of demarcation on the coast 
proposed by Russia, with certain qualifications which he stated as 
follows: "The qualifications will consist chiefi}' in a more definite 
description of the limit to which the strip of land required by Russia 
on the continent is to be restricted; in the selection of a somewhat 
more western degree of longitude as the boundary to the north- 
w^ard of Mount Elias; in precise and positive stipulations for the free 
use of all rivers which ma}- be found to empty themselves into the 
sea within the Russian frontier, and of all seas, straits, and waters 
which the limits assigned to Russia may comprehend. It can hardly 
be expected that we should not also put in our claim for the like 
prix'ileges of trade as are, or may be, stipulated with Russia by any 
other nation; and we take for granted that the exclusive claims of 
navigation and jurisdiction over the North Pacific Ocean, which were 
put forward in the Ukase of September, 1821, are to be altogether 
withdrawn."'" 

« Appendix, p. 173. <^ Appendix, p. 180. 

^Appendix, p. 174. 



54 THE CASE OF THE UNITED STATES. 

In timiouiu'ino- to his Government the acquiescence of Great Britain 
to the Russian proposals, Count Lieven stated that Mr. Canning 
assured him "that he had found the greatest difficult}^ in gaining the 
consent of the Hudson Bay and Northwest Companies to the plan of 
demarcation proposed.'' The Russian minister informed Mr. Canning 
of the needlessness of demanding "the free use of the rivers inclosed 
in the Russian possessions" and of the freedom of the seas, since the 
lirst had been already offered and the second was settled by the treaty 
with the United States, but the British secretary desired to have thein 
appear as demands on the part of his government." 

The same day (May 29) Mr. Canning sent to Sir Charles Bagot 
copies of his letter to Count Lieven and of Count Nesselrode's 
dispatch, stating that definite instructions would soon be forwarded 
to him.'^ It was, however, not until Jul}^ 12 that these were sent, 
together with a proposed draft of treaty embodying the modifications 
of the Russian proposal desired by Great Britain.'^ In the instruc- 
tions Mr. Canning, after conceding the southern boundary at 5-i- 40', 
said that there were two points to be settled by the British negoti- 
ator, namely, to fix "the eastern boundary of the strip of land to be 
occupied by Russia on the coast" at the "seaward base of the moun 
tains," and to secure the proviso that the line "should in no case 
* * * be carried further to the east than a specific number of 
leagues from the sea. " ^ 

He gave as the grounds for requiring this provisional limitation the 
former experience of Great Britain as to the inaccurac}' of maps in 
laying down mountains, and that, although the mountains under dis- 
cussion "appear by the map almost to border the coast," the}' may 
turn out "to be far removed from it." As to the width of the lisiere^ 
Mr. Canning said that the "utmost extent which His iSIajesty's Gov- 
ernment would be disposed to concede would be a distance of 10 
leagues."'' 

The treaty inclosed is in substance as follows: A stipulation for the 
free navigation of the Pacific and Arctic oceans; a delimitation of a 
boundary similar to the one finallv agreed upon, with the exception 
that the eastern frontier of the Russian possessions was to be "at or 
within the seaward base of the mountains" bounding the coast; a pro- 

" Appendix, p. 179. «* Appendix, p. 180. 



THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 55 

viso that the lisiere should not extend more than marine leaj^ues 

in breadth from the sea toward the interior; a stipulation opening 
forever the port of Sitka to commerce and grantinj>- forever to British 
subjects free navigation along- the coasts and islands through these 
rivers which crossed the lislere; an agreement for reciprocal trade 

privileges on the coasts of either party for the space of jxars, 

excepting trade in liquors, weapons, and gunpowder; and that no 
establishments should be formed b}" the subjects of either power 
within the territory of the other/' 

At the time or soon after the transmittal of this draft to Sir Charles 
Bagot, Mr. Canning submitted a copy to Count Lieven,'^ who, in a 
memorandum on the subject, objected to the boundar}- running along 
the base of the mountains, for the reason that, as a general rule, 
when a chain of mountains served to tix a frontier line the summit 
was emplo3"ed, and that, in the case under consideration, the word 
hase was of too indefinite a meaning, "for," he added, "it is certainly 
not among the impossibilities, in view of the uncertain ideas yet preva- 
lent in regard to the geography of these regions, that the mountains 
chosen for the boundary line should extend, b}" an imperceptible 
declivity, to the very edge of the coast. ""'" 

Mr. Canning, evidentl}^ impressed b}" the soundness of the Russian 
minister's observations, wrote Sir Charles Bagot, on July 24,'^ that no 
great inconvenience could arise from "consenting to substitute the 
summit of the mountains instead of the seaward base, provided always 
that the stipulation as to the extreme distance from the coast to which 
the lislere is in an}' case to run, be adopted, * * * and provided a 
stipulation be added that no forts shall be established or fortifications 
erected ])y either part}' on the summit or in the passes of the 
mountains." Count Lieven four days later informed his government 
of his action regarding the treaty draft. *" 

On September 9, 1824, a dispatch was received at the Foreign Office, 
from the British minister at St. Petersburg, announcing that after two 
meetings with the Russian plenipotentiaries he had ascertained that it 
was "totally impossible" to conclude a treat}' at all reconcilable with 
the draft forwarded to him.-^ He stated that the differences lay in the 
clauses relating to Sitka, the perpetual right of naA'igation and trade 

^Appendix, pp. 182-185. '^Appendix, p. 187. 

& Appendix, p. 187. * Appendix, p. 186. 

c Appendix, p. 189. /Appendix, p. 190. 



56 THE CASE OF THE UNITED STATES. 

aloiiu' the If'sie/'e, and the liberty to visit other portions of the coast; 
and that Russia was willing to grant trade privileges for ten years 
between Portland Canal and the OOth parallel, and to grant forever 
the right of ingress and egress into and from the rivers flowing across 
the //.svV'/v .' but that in the Russian view a perpetual concession of trade 
and navigation "was repugnant to all national feeling and was incon- 
sistent with the very idea of sovereign t}-."" Sir Charles, discouraged 
b}' the inipossibilitv of harmonizing these ditierences with his instruc- 
tions, as is evident from the tone of his dispatch, brought the negotia- 
tions abruptly to an end. He was no longer to take part in the contro- 
versy, l)eing soon after transferi'ed to The Hague. 

In the dispatch announcing the failure of his second negotiation, 
the British minister inclosed a counter draft of treaty delivered to 
him by the Russian plenipotentiaries* which embodied the limitations 
as to navigation and trade which he had reported. In this counter 
draft also the arrangement of the subjects of negotiation was changed, 
the territorial delimitation being given the first place, the reciprocal 
trade privileges being second, and the guarant}^ of free navigation of 
the Pacific coming last, while in the preamble the boundary appeared 
to be the prominent subject. Article I, which relates to the bound- 
arv, in tracing the line from its commencement to the head of Portland 
Canal, is similar in its provision to that in the draft by Mr. Canning. 
From that point, however, the Russian article provided that the line 
should ''be carried along the coast, in a direction parallel to its sinu- 
osities.'' as far as the 139th degree. All reference to the summit or 
base of mountains is omitted. Article II reads as follows: "The 
Uslere (strip of territory) on the northwest coast belonging to Russia, 
from Portland Channel to the point of intersection of the 139th 
degree of west longitude (meridian of Greenwich), shall not be 
wider on the continent than 10 marine leagues from the shore of 
the sea \h>rd d^ Ja ///r/'J.'"'" 

It should be borne in mind that Sir Charles Bagot in his third and 
fourth boundary propositions '^ had met the Russian proposals '' of a 
frontier along the coast range of mountains by suggesting a line 
^''tfmjonr.s a la distance de 10 lleues marines da rlvage.^'' Count Nessel- 
rode in explaining the provision of his counter draft to Count Lieveu 



'' Appendix, p. 191. '' Appendix, pp. 159, 163. 

''Appendix, p. 193. 'Appendix, pp. 158, 161. 

'Appendix, p. 194. 



THE BRITISH NEaOTIATIONS OF 1824 AND 1825. 57 

said: "It abolishes the establishment [la desig7iatioii\ of the mountains 
as the boundary of the strip of mainland which Russia would possess 
on the American Continent, and limits the width of this strip to 10 
marine leagues, in accordance with the wishes of P^ngland."" In a 
memorandum reg-arding the counter draft he further said: "We have 
suppressed all mention of the mountains which follow the sinuosities 
of the coast. It became useless from the moment that one [of the 
articles] fixed the width of the strip of mainland which would belong 
to Russia in marine leagues."* 

It would appear that Count Nesselrode had concluded from the draft 
of treaty handed to him by Sir Charles Bagot that the provisions 
defining the llsih'e had been drawn so as to harmonize the Russian 
mountain frontier and the British limit of 1<) leagues. Presumably 
the map of the quartermaster-general's department, the Vancouver 
maps (see Maps Nos. 4, 5, and 6 in the Atlas accompanying this Case), 
or copies of them were before him. An examination of these shows 
that the mountain chain along the coast and a line 10 leagues from the 
shore practically coincide. Under such circumstances to employ both 
methods was useless and might cause confusion and controvers3% and 
therefore, to meet what he conceived to be the real desire of Great 
Britain as expressed by her minister at St. Petersburg, he substituted 
for the Russian proposal a lisiere uniformly 10 leagues in wndth. 

The communication, in which Count Nesselrode discussed the 
counter draft of Russia, was sent to Count Lieven on September 
25,^^ and the latter was authorized to read it to Mr. Canning and 
to give him a copy of it.'^ It was prepared, therefore, as a docu- 
ment to form part of the negotiations, and not as a confidential 
note to the Russian minister. Count Nesselrode stated the three 
proposals of Great Britain, which it was "utterly impossible" to 
accept, to be: Liberty to British subjects to hunt, to tish, and to 
trade with the natives perpetually on the coast between 54° 40' 
and 59°; a similar privilege for ten years north of 59°; and the 
permanent opening of the port of Sitka."' 

He proceeded to show that Russia could not grant to Great Britain 
privileges just refused to the United States; that British subjects had 

« Appendix, p. 204. c Appendix, p. 200. 

^Appendix, p. 206. f? Appendix, p. 201. 



58 THE CASE OF THE UNITED STATES. 

"never pushed either their establishments or commercial operations 
as far as the Northwest Coast," and that if the Hudson's Bay and the 
North-West Companies had approached the coast it was onl}^ within 
the preceding three years," "whereas the American subjects" — to use 
his own language — "have constantly frequented these waters, and it 
is their enterprises that have given rise to the discussions which we 
are laboring to terminate."^ 

"We offer the same advantages," he continued, "to England, but 
to grant them forever would be to obtain the recognition of our 
rights of sovereignty only to abandon the exercise of them. It would 
be consenting to possess hereafter onlj^ in name what we now possess 
in fact."^ Having declined to incorporate in the treat}^ to be signed 
the trade • stipulations which Great Britain asked, Count Nesselrode 
called attention to the fact that, in accordance with her wishes, the 
counter draft opened "to British subjects the navigation of all the 
rivers crossing the strip [Usier e],^'' &,nd secured to them "advantages 
equal to those obtained by the subjects of the United States," while it 
virtually repealed the ukase of September 4, 18^1/^ 

Before this dispatch had been forwarded, Mr. Canning, on Sep- 
tember 12, expressed to Count Lieven his regret and surprise at 
the failure of the negotiations at St. Petersburg, and earnestly 
desired him to secure from his government full powers to con- 
clude and sign a treaty at London, and he asked this in order that 
the question might be settled before Parliament met.*^ This note 
Count Lieven forwarded to St. Petersburg on October 1, 1824.-^ On 
September 13 Mr. Canning wrote to Mr. Ward, the charge at St. 
Petersburg, directing him to urge Count Nesselrode to furnish Count 
Lieven with authority to negotiate and sign a convention, giving 
the same reason which he had given to the Russian minister.^ 

"Count Nesselrode may here refer to the letter of Mr. Pelly, dated September 25, 
1822, which gives the location of the posts of the Hudson's Bay Comj^any west of the 
Rocky Mountains. (See Appendix, p. 109.) Or the reference may be to the date of 
"the latest English maps," which he had just mentioned in a sentence preceding 
the one quoted. (See Appendix, p. 201.) 

& Appendix, p. 201. 

c Appendix, p. 202. 

ti Appendix, p. 204. 

« Appendix, p. 206. 

/Appendix, p. 208. 

f xVppendix, p. 207. 



THE BRITISH NEGOTIATIONS OF 1824 AND 1825. 59 

Meanwhile Mr. Stratford Canning had retired from the mission at 
Washington and returned to London, and in November or December 
he was commissioned as plenipotentiary^ to proceed to St. Petersburg 
and conclude a treaty." What motive induced Secretary Canning to 
change his mind so suddenly as to the place of negotiation, the cor- 
respondence does not disclose. Mr. Stratford Canning in his instruc- 
tions, which were dated December 8, 1821," received copies of the 
treaty draft furnished to Sir Charles Bagot,'^ the counter draft drawn 
up by the Russian plenipotentiaries,'' and the dispatch of Count Nes- 
selrode dated August 31, 1824."^ He had alread}' perused the corre- 
spondence which had passed upon the subject between the two 
governments." 

The Secretary for Foreign Affairs, in these instructions, empha- 
sized in the strongest terms that the essential point to be secured hj 
the British envoy Avas the formal abandonment b}^ Russia of her 
maritime pretensions. For that reason he was unwilling to consent 
to the transposition of subjects proposed by the Russian counter draft. 
Such expressions as the following disclose his attitude in this matter: 
"The whole negotiation grows out of the ukase of 1821. * * * The 
settlement of the limits of the respective possessions * * * was 
proposed b}'^ us only as a mode of facilitating the adjustment of 
the difference arising from the ukase. * * * jt is comparatively 
indifferent to us whether we hasten or postpone all questions respect- 
ing the limits of territorial possession, * * * but the pretensions of 
the Russian ukase of 1821 to exclusive dominion over the Pacific 
could not continue longer unrepealed.'' * * * "It [the negotiation] 
is not on our part essentially a negotiation about limits. It is a demand 
of the repeal of an offensive and unjustifiable arrogation of exclusive 
jurisdiction over an ocean of unmeasured extent.-^ * * * -yy^ 
negotiate about territory to cover the remonstrance upon principle. 
* * * If the territorial arrangements are not satisfactory, we are 
ready to postpone them, and to conclude and sign the essential part, 
that which relates to navigation alone. * * * But we are not pre- 
pared to defer an}' longer the settlement of that essential part of the 
question."^ 

"Appendix, p. 208. f Appendix,pp. 208, 209. 

^ Appendix, p. 182. /Appendix, p. 211. 

c Appendix, p. 193. f/ Appendix, p. 212. 
f^ Appendix, p. 195. 



60 THE CASE OF THE UNITED STATES. 

Thati Secretary Canning clearl}- denionstnited that although Sir 
Charles Bagot had substantially confined his negotiations to the 
question of the demarcation of a ))oundary line, it was not the 
British Government, but the Hudson's Bay Company which had given 
to it such prominence. The territorial question had accomplished 
the purpose of its introduction b}^ Great Britain, through having* 
secured a revocation of the ukase, although the London Govern- 
ment had been forced to abandon one position after another, until 
the original and only proposal of Russia was adopted with the one 
exception of the limitation of the w'idth of the lisiere to 10 marine 
leagues. 

Upon this point Mr. Canning said that Russia had first proposed 
the summit of the mountains as the eastern boundary, and that Great 
Britain had only suggested the limitation to 10 marine leagues as cor- 
rective of errors on the map. He entireh' ignored the fact that Sir 
Charles Bagot had in his last two proposals substituted this definite 
width for the Russian possessions, omitting all reference to the moun- 
tains. There was soundness in his argument that " it is quite obvious 
that the boundary of mountains, where they exist, is the most natural 
and efi:ectual boundar}';" though this statement would have no force 
if the mountains were not a continuous chain, dividing land areas much 
lower in altitude than the crest of the range. He referred to the dif- 
ficulties which had arisen between the United States and Great Brit- 
ain in settling the northeastern boundary of the former, through the 
inaccuracy of a map in locating mountains, upon wdiicli map both 
nations had relied; and he expressed the fear that by taking the moun- 
tain range supposed to run along the coast. Great Britain might grant 
to Russia '• inunense tracts of inland territory" where she "only 
intended to give," and Russia " only intended to ask, a strip of sea- 
coast. "« 

It is noteworthy that Mr. Canning recognized that the intention of 
Great Britain and the intention of Russia in regard to the extent of 
the lisiere coincided. I'he intention of Russia was to secure a land 
area which would form a bulwark to her coasts and inland waters; and 
from ]\lr. Canning's statement it was such a territorial barrier that 
Great Britain intended to grant. It is probable that Mr. Canning- 
perceived that the fixation of the boundar}- at an unvarying distance 

"Appendix, p. 210. 



THE BEITISH NEGOTIATIONS OF 1824 AND 1825. 61 

of 10 marine leao-ues inight g'rant to Russia the eastei-n slopes of the 
coast range, by which the latter would secure an advantageous position 
in case of war between the two countries and an absolute control of 
the passes. On the other hand, inserting the conditional limitation. 
Great Britain would control the passes and western face of the range 
wherever its distance from the shore exceeded 10 leagues, and in no 
case would liussia possess posts east of the summit. 

In accordance with his views as to the desirability of using as a 
boundary natural landmarks where they exist, and since Mount St. 
Elias had been mentioned by both parties for the commencement of 
the line running due north to the Arctic Ocean, he proposed that that 
line should follow the 111st meridian of longitude instead of the 139th, 
because the foi-mer fell more directly upon that peak." 

Mr. Stratford Canning under these instructions proceeded to St. 
Petersburg and, on Februaiy 12, 1S25, he held a conference with Count 
Nesselrode and M. de Poletica,^ submitting to them a draft of treaty 
prepared at the Foreign Office before his departure,^ which was taken 
under consideration by the Russian plenipotentiaries. This draft cor- 
responded with the instructions given the British envoy in the arrange- 
ment of su])jects, the limitation of the width of the Jisiere, and the 
concession of the Russian restrictions upon trade and navigation to ten 
years. The draft was considerabl}' altered by the Russian negotiators, 
l)ut rather in language than in its essential features,'^ for it embodied 
substantially every point for which Russia had contended, except as to 
the privilege of trade for ten years along" her coast, a privilege which 
Great Britain would not have insisted upon but that it already had 
been granted to the United States.*^ With some changes of phrase- 
ology and division of articles a treaty was finally agreed upon and 
signed on Februaiy 16 28, 1825,'' which was forwarded to London on 
the following day.s' 

The British plenipotentiaiy reported very briefly concerning the 
discussions,^' but Count Nesselrode in informing Count Lieven that 
his " negotiations with Mr. Stratford Canning'' had been '"crowned 
with success'"''' stated that the onh' point of difference had been in 

"Appendix, y>. 211. ''Appendix, pp. 75, 180. 

''Appendix, p. 212. /Appendix, p. 14. 

c Appendix, p. 215. (/Appendix, p. 223. 

^'Appendix, p. 220. /'Appendix, p. 225. 



62 THE CASE OF THE UNITED STATES. 

regard to the lisiere, Russia desiring the mountain range as a bound- 
ary and Great Britain insisting upon the conditional limitation which 
she had proposed. He reiterated this statement when the ratification 
of tlio treat\^ was forwarded to London for exchange, desiring Count 
Lie veil to call the attention of Secretary Canning to the magnanimous 
course of the Emperor in yielding this point/' 

]SIr. Canning, to whom the Russian minister read this latter dis- 
patch, ^ excused the insistence of Great Britain by again referring to 
the dispute with the United States concerning their boundaries on the 
eastern side of the continent, and stated "that it arose solely from a 
sincere desire to prevent the recurrence of an}^ disagreeable discus- 
sion in future, and not from any intention of acquiring an increase of 
territory or limiting the extension of the Russian possessions." This 
statement is of much importance, since the British Secretar}' was fully 
cognizant that Russia had obtained the lisiere as a means of protecting 
the interests of the Russian American Company on the shores of the 
inland waters. 

Although Mr. Stratford Canning does not appear, from the cor- 
respondence available, to have placed in wiiting any interpretation 
upon the treaty which he had signed, he gave a verbal explanation 
of it which, on March 1, 1825, Mr. Middleton reported in detail to 
the American Secretary of State.'' On that day, which was the day 
following the signature of the treaty, the British envoy had an 
interview with the American minister. From the latter's report it 
is apparent that a copy of the convention was not shown him, but 
its contents were explained to him b}^ Mr. Canning, and, therefore, 
in repeating Mr. Canning's language he gave the hitter's under- 
standing of its terms. Mr. Canning's version of the third article, 
which defined the boundary line agreed upon, Mr. Middleton 
reported as follows: 

"The third article of this convention establishes the line of demarka- 
tion between the possessions of the two powers upon the Continent and 
Islands, as follows: It begins at the southernmost point of Prince of 
Wales' Island (about h^^ 40'), leaving the whole of that island to Rus- 
sia. It follows the strait called Portland Passage up to the fiftj'^-sixth 
degree; then turns eastward upon that latitude until it touches the 

« Appendix, p. 226. 6 Appendix, p. 230. 

<^ Appendix, p. 224. 



RESULTS OF TBE NEGOTIATIONS. 63 

hio'hest ridge of the chain of mountains lying contiguous to and nearly 
parallel with the coast; it follows that ridge up to the sixtieth degree, 
and then takes the direction of that degree of latitude until its inter- 
section with the one hundred and fort^^-tirst degree of longitude west 
of Greenwich; thence it follows that meridian north to the Icy Sea. 
But in case the ridge of the mountain l3'ing parallel with the coast shall 
be more than 10 marine leagues from the shores of the continent, then 
the distance of 10 marine leagues from the shore is to be considered as 
the boundary of the Russian possessions upon the continent."^' 

The interpretation placed upon this article by its negotiator shows 
clearly the course of the line intended by the terms of the treat}", as 
well as the extent of the llsiere which it established. The notable 
features of Mr. Canning's statement are, that the line from the head 
of Portland Canal turns eastward to the range of mountains; that the 
word " shores," in describing the width of the Usiere^ supplants the 
word ''coast" used in the treatj^, although the latter is retained in 
referring to the mountain range; and the statement that the boundar\^ 
line follows the mountain ridge up to the 60th parallel of north latitude 
and then takes the direction of that degree until it intersects the 141st 
parallel of west longitude. 

This explanation of the article fixing the boundary, while it differs 
in language from the treat3% agrees with it if it is interpreted nat- 
urally and with knowledge of the discussions which had preceded its 
signature, and were explanatory^ of the protective character of Russia's 
possessions on the continent. 

RESULTS OF THE NEGOTIATIONS. 

The negotiations, the progress of which has been traced herein from 
the promulgation of the ukase of September -1 16, 1821, to their cul- 
mination in the treaties of April 5/17, 1821, and of February 16/28, 
1825, disclose: (1) The motive which impelled the Imperial Govern- 
ment to issue' the ukase; (2) the respective interests of the United 
States, Great Britain, and Russia on the Northwest Coast of America; 
(3) the objects sought by each of the three powers in the negotiations; 
and i-i) to what extent each nation secured its objects. 

(1) The ukase of September 4, 1821, was promulgated just prior to 
the rechartering of the Russian American Company, for the purpose 

"Appendix, p. 224. 



64 THE CASE OF THE UNITED STATES. 

of preventing- the infringement of the monopoly of the oompan}- hy 
prohi1)iting the visitation of vessels, other than those of the company, 
to the coast and islands granted to it as far south on the American side 
of the Pacific Ocean as 51^ north latitude, and by forbidding such ves- 
sels from approaching Avithin 100 Italian miles of the continent or 
islands. The immediate cause was the presence of trading vessels of 
the United States, which had for mau}^ years resorted to these regions 
in large mimbers to trade in furs. 

{•2) The interests of Russia upon the Northwest Coast were those of 
the Russian American Compan}', which possessed under its charter the 
rights of exclusive trade, colonization, and governmental administra- 
tion ill the regions covered b}^ the grant. The interests of the Russian 
American Company were confined to the extension and prosecution of 
the fur trade. 

The interests of the United States and Great Britain were of two 
sorts, the first related to navigation in the Pacific Ocean, Bering Sea, 
and the Arctic Ocean; the second, to the fur trade. The American 
industry' was carried on by independent traders who in vessels visited 
the coast and islands claimed b}^ Russia. The British fur trade in these 
regions was prospective of the extension westward of the operations 
of the Hudson's Ba}" Compan}^ which had been granted a monopoh^ of 
the trade in all the American territory of Great Britain not included 
within the crown provinces. This company at the time of the nego- 
tiations had three trading stations upon the western slopes of the 
Rocky Mountains between 54° and 56° north latitude, and it was to 
its interest to secure egress to the Pacific Ocean which would afi'ord an 
opportunity to establish posts on its shores in the future. 

(3) The United States and Great Britain, the two leading maritime 
powers of the period, were equallj^ interested in preserving the free 
navigation of the high seas, and it was, therefore, important for their 
conuuercial interests that the extensive maritime jurisdiction assumed 
l)y the Russian ukase should be renounced. 

The United States sought to maintain for its citizens the freedom of 
trade with the natives which they had enjoyed for thirty 3'ears prior 
to the issuance of the ukase; and as their operations were carried on 
b}' means of vessels, to secure their free access to the inland waters of 
the Northwest Coast and its islands. It was also for the interest of 
the United States in case freedom of trade and navigation of the inland 



KESULTS OF THE NEGOTIATIONS. 65 

waters was rostrictod. to fix the southern l)oundarv of Russia ut as 
hiuh a parallel of latitude as was possible. 

(xreat Britain, aetino- solely on behalf of the Hudson's Bay Company, 
had no object in obtaining liberty to enter the territorial waters and 
trade with the natives of the Russian possessions, since her subjects 
did not approach those regions from the seaward side. But, as the 
accepted rule of international law at that period granted to the nation 
possessing by occupation a continental coast the drainage basins of 
all rivers entering the ocean through its possessions, it was, therefore, 
of first importance to Great Britain to confine the Russian territory as 
far to the north as possible on the coast, and thus secure a large area 
for the future operations of the Hudson's Bay Company and an 
uninterrupted outlet for its furs to the Pacitic. It was, moreover, an 
object of Great Britain to limit the territory which would accrue to 
Russia from extensive littoral possessions by establishing its eastern 
boundary to the westward of the Rocky Mountains, thereby giving an 
opportunity for the Hudson's Bay Company to operate northward 
from its western posts, and preventing the approach of Russia to the 
company's stations on the Mackenzie River. "We must not on any 
account admit the Russian territory to extend at any point to the 
Rocky Mountains" is the central idea of the instructions sent to Sir 
Charles Bagot. Grant to her ""50 or 100 miles from the coast," but 
do not permit her boundary to be drawn nearer to those mountains. 

The object of Russia in the negotiations was the same as that which 
she had sought by the ukase of September 4, 1821, the efficient pro- 
tection of the Russian American Company in its monopoly of the fur 
trade. The chief menace to the interests of the company was in the 
establishment on the islands or the neighboring mainland of foreign 
settlements, to which the natives who carried on trade with the 
Russian American Company might take their furs, or from which rival 
hunters and trappers could be sent out to capture the fur-bearing 
animals. The first purpose, therefore, was to prevent such settlements, 
whether established by Americans coming from the sea or ])y the 
Hudson's Bay Company approaching from the land. To avoid this 
danger it was necessary to obtain a boundary south of the archi- 
pelago and coast where the Russian American Company carried on its 
operations, to the north of which no foreign settlements should be 
established, either on the islands or mainland: and also to fix upon a 
21528—0.3 5 



(36 THE CASE OF THE UNITED STATES. 

boundiirv at a sullic'uMit disttmce from the continental shores inhab- 
ited l)v the natives, or to which the}' were accustomed to resort in 
hunting-, to prevent the Hudson's Ba}' Company from reaching the 
coast and erectino- rival posts there. 

While the principal dangers to be guarded against were settlements 
as bases of trade operations, the presence of foreign trading vessels 
caused an undesiral)le competition, and the traffic in firearms and liquor 
demoralized the natives. To suppress, or at least restrict, trade of this 
character was another of the objects sought by Russia. 

(-I) In the negotiations and resulting tieaties the United States and 
(ireat Britain obtained the abandonment of the maritime pretensions 
of Russia and an acknowledgment of the freedom of the high seas for 
the navigation of vessels of all nations. 

The United States, by agreeing to a line of demarcation at 54- -iO' 
north latitude as the southern limit of the Russian possessions, secured 
the continuance of the fur trade of its citizens north of that line for a 
term of ten years; and Russia obtained a further stipulation that 
citizens of the United States should not establish settlements within 
the Russian territory or trade in fii'earms or liquor with the natives. 
By the accejjtance of the limitation of trading privileges to a fixed 
term of ten years the American Government also acknowledged the 
sovereignty of Russia over the coast and islands north of the line of 
demarcation. 

The object of the British Government, to prevent the extension of 
Russia's dominion as far eastward as the Rocky Mountains, was 
attained: but as to the limitation of the latter's territory to the section 
of coast desired and suggested bv the Hudson's Bav Company, that 
government entirely failed. Each of the four lines proposed by Sir 
Charles Bagot (see Map No. 3 in the Atlas accompanying this Case) and 
the fifth one proposed b}^ Secretary Canning in his treaty draft of 
July i-2, 1824, is a nearer approach to the Russian proposal than the 
one immediately preceding it, until at last Great Britain assented to 
the boundary demanded by the Imperial Government. 

From the first to the last conference of the plenipotentiaries at St. 
Petersburg the Russian representatives insisted upon a line beginning 
at the two southern iK)ints of Prince of Wales Island, and running 
u]) Portland Canal to the mountain chain appearing upon the maps, 
and thence "along those mountains, parallel to the sinuosities of the 



RESULTS OF THP: NEGOTIATIONS. 67 

coast, as far as the one hunclTed and thirty-ninth degree of longitude." 
From this position Russia never receded, so far as the Ihiere was 
concerned. 

The location of this line proposed by Russia was never in doubt or 
misunderstood by Great Britain, for Sir Charles Bagot descril)ed it as 
"drawn from the southern extremity of Prince of Wales Island to^'' 
the mouth of Portland Channel, thence up the uiiddle of this channel 
until it touches the mainland, fJi<'nce" to the mountains bordering the 
coast."' ]\Ir. Stratford Canning informed Mr. jNliddleton that the line 
on reaching the head of Portland Canal turned eastward until it touched 
"the highest ridge of the chain of the mountains h'ing contiguous to 
and nearly parallel with the coast." In a dispatch to Count Lieven, 
dated April 17, 1824, Count Nesselrode said: ''In order not to cut 
Prince of Wales Island '^ * '^ we propose to carry the southern 
frontier of our domains to latitude 54-^ 40' and to make it abut upon 
the eonilneiit" at the Portland Canal, of which the opening into the 
ocean is at the same latitude as Prince of Wales Island." This dis- 
patch was read ]»y ^Ir. Canning, and he authorized Sir Charles Bagot 
to agree to this portion of the boundar}^ without qualitication. Russia 
had completed a treaty with the United States b}' which her southern 
boundary ran east and west along the parallel of 54-* 40'. This was 
the line of demarcation she insisted upon Great Britain accepting, 
and this was the line that power did accept. 

The British negotiator b}^ his first proposed line conceded to Russia 
the western side of Lvnn Canal. There is no suggestion or reason for 
believing that such concession was ever withdrawn: on the contrary, 
the whole course of the negotiation on the part of Great Britain pre- 
cludes the supposition. Great Britain never desired, never sought, 
and never asked possession of that region. It was always, in the 
understanding of both governments, Russian territory, and its protec- 
tion from foreign traders must have been in the minds of the Rus- 
sian negotiators when they proposed a line of demarcation to the 
eastward of that inlet. 

A territorial zone about the waters indenting the coast, which would 
debar the Hudson's Bay Company from establishing competing posts 
along the shores, was believed by the imperial representatives to be 
created by a boundary drawn along the summit of the chain of moun- 
tains shown on the Vancouver charts and the official Russian map of 

« Not italicized in the original. 



68 THE CASE OF THE UNITED STATES. 

1802. (See Map.s No.s. -i, 5, and 6 in the Atlas accompanying this Case.) 
An examination of these maps further shows that the head of Portland 
Canal and the mountain range are approximately 10 marine leagues 
distant from the shore line of the continent. Therefore, when Kussia 
proposed to ahandon the mountain Ixjundary and tix a line drawn 10 
marine leagues from the shore, and when she accepted that distance as 
the extreme width of the lisievc, she believed that she was obtaining 
substantially the same protection as she would under her original 
proposition. 

Throughout the negotiations a territorial l)arrier along the water 
front on the continent was constanth' made prominent by the Imperial 
Government. In fact, the tirst series of conferences between Sir 
Charles Bagot and the Russian plenipotentiaries was broken off because 
the latter demanded the mainland opposite Prince of Wales Island and 
the former refused to concede it. because to do so would deprive Great 
Britain of ''sovereigntv over all the bays and inlets" of that portion 
of the coast. The British Government knew the purpose of Russia in 
demanding a lis'tere. It did not protest against it, but. with full knowl- 
edge, and presumptively with the full intention of acceding to Rus- 
sia's demand, it accepted the line of demarcation which Russia had 
laid down. 

Russia secured l)y the treaty of 1825 complete sovereignty over the 
islands north of 54- 4o' and over a strip of coast extending in a north- 
westerly direction from that parallel, bounded on the east hy a line 
which followed up Portland Canal to its head, and thence ran parallel 
with the indentations of the coast and distant front their shores about 
10 marine leagues, as far as Mount St. Elias. Upon these islands and 
this continental territory British subjects were prohibited from estab- 
ing settlements. 

Great Britain secured from Russia the perpetual privilege to her 
subjects of navigating to and from the sea the rivers and streams 
crossing the eastern boundary of the lisiere. This privilege is con- 
lined to rivers (Jfrure.^) and streams (r/vieref). because, according to the 
nmtual understanding of the high contracting parties, no other water- 
ways crossed the line of demarcation. British vessels were further 
granted the ])ri\ilege for the term of ten years of frequenting "all 
the inland seas, the gulfs, havens, and creeks on the coast"" of the 
Russian possessions for purposes of fishing and trading, traffic in 
firearms and liquor being excepted. This latter provision was not 



NEGOTIATIONS FOR RENEWAL OF PRIVILEGES. ()9 

an object of (xroat Britain in the negotiations; in fact, she liad not 
desired it until a similar privilege was obtained l)y the United States 
under the treaty of 1824, 

Thus, while Great Britain had prevented the extension of Russian 
dominion to the Rocky Mountains, Russia b\' the treaty obtained the 
protective barrier which she sought, the exclusion of foreign trading 
posts from her territory and the formal recognition of her rights of 
possession and sovereignty over her American domain. 

NEGOTIATIONS BETWEEN THE UNITED STATES AND RUSSIA 
RELATING TO A RENEWAL OF TRADING PRIVILEGES. 

Article IV of the treat}- of 1824 between the United States and 
Russia granted for the term of ten years from the date of signature 
the privilege to the citizens and subjects of the two nations to 
" reciprocally frequent, without any hindrance whatever, the interior 
seas, gulfs, harl)ors, and creeks" upon the Northwest Coast of America, 
" for the purpose of fishing and trading with the natives of the coun- 
try."" Article VII of the treaty of 1825 between Great Britain and 
Russia contained a similar stipulation,* which, as Mr. Canning sug- 
gested,'' followed the text of the American treaty. 

On April 5 17, 1884, the term for the exercise of the reciprocal 
privileges granted by the treaty of 1824 expired. Three weeks after, 
Baron Wrangell, the governor of Russian America, finding that 
American sea captains at the port of Sitka intended to proceed on 
their trading voyages through the inland waters of the colony in spite 
of his verbal notice to them that the term had expired, delivered to 
them a written circular in which he notified them that the privilege 
""within the limits of the Russian possessions on the Northwest Coast 
of America, namely: north of latitude 54' 40', had ceased for vessels 
of citizens of the United States."^^ 

It does not appear that the governor took more active steps to 
exclude foreign traders from the "^Straits" until March, 1835, 
although the correspondence indicates that he reported his action to 
the officers of the compan\" at St. Petersburg before December, 1834.^ 
On February 16 28, 1835, the privilege granted by the British 



"Appendix, p. 11. '^Appendix p. 232. 

* Appendix, p. 16. *" Appendix, p. 245. 

'"Appendix, p. 211. 



70 THE CASE OK THE UNITED STATES. 

treutv teiniiiiated. Loss than a month after this event Governor 
Wrano-ell s(Mit the ])rlg C/ueJiogof, under eoinmand of Lieutenant 
Zareniho, to Tongas, near the southern boundary line at 54^ 40', for 
the ]nirpo8e of intercepting foreign vessels entering the inland waters 
of the colony, to the masters of which he was to deliver written notice 
of the expiration of the treaty provisions." l)eing furnished with six- 
copies for American and three for British vessels. In the meanwhile 
Baron Krudener. the Russian minister at Washington, had been 
directed to connuunicate with the United States Government upon the 
subject: and on May lt» 31, 1835, he addressed a note to the acting 
Sccrettiry of State setting forth the course which had lieen taken by 
Governor "Wrangell, and asking the United States to give public 
notice of the changed conditions resulting from the termination of the 
privilege.^ 

To this note ]Mr. Forsyth, the Secretary of State, demurred, express- 
ing the hope that the trade relations existant under the treaty might 
l)e continued;^' but upon the Russian minister renewing his request, 
Mr. Forsyth informed him that ''an inforn)al notice" would be given 
"through the pul)iic journals of Baron Wrangell's warning to the cap- 
tains of American vessels on the northwest coast" of the continent.'' 
Accordingly such a notice was published in the Globe newspaper on 
July 22. 1835, in which it was stated that the treaty stipulation had 
expired and formal notice had been given to American captains by the 
Russian governor that they could no longer chiim trade privileges under 
the treaty.' 

A few days later the Secretary of State transmitted to Mr. Wilkins, 
the American minister at St. Petersburg, the correspondence which 
had taken })!aci'. and directed him to open negotiations for a renewal 
of the ])rivilege.' On November 4, 1835, Mr. Wilkins had an inter- 
view with Count Nesselrode upon the subject,-/ at which he handed to 
him a memorandum proposing a renewal of the stipulations of Article 
IV of the treaty.''' to which the Russian minister replied that he 
desired to consult the directors of the Russian American Company 
before expressing an opinion, since they "were particularly inter- 
ested in the decision of the question." ' The-t'oUowing day Mr. AVilkins 

« Appendix, p. 233. /Appendix, p. 239. 

''Appendix, ]i. 236. f/Api)endix, p. 241. 

'Appendix, ]>. 237. Z' Ajipendix, p. 242. 

''Aj>pendix, j). 238. 'Appendix, p. 243. 
(■ Appendix, p. 240. 



NEGOTIATIONS FOK RENp:WAL OF rRIYILEGES. 7l 

addressed another ineinoranduin to the Minister of Forei^-n Affairs 
setting- forth in detail what he conceived would be the ad\ antag-es 
secured by renewing the privilege/' 

On November 11, the sul^ject was laid before the Minister of Finance 
by Count Nesselrode, who called his attention to the fact " that a simi- 
lar convention was concluded in 1825 with the Government of Great 
Britain concerning the navigation in our dominions in North America,'' 
and, although it had "not yet taken any steps looking toward the 
renewal of this Treatv," it was to be expected that it would make a 
similar proposition in case Russia consented to renew the article 
with the United States/' 

Mr. Wilkins, on December T, had another interview with Count 
Nesselrode,"^ at which he submitted a draft of treaty renewing the 
privilege indelinitely, with the proviso that either party might denounce 
it upon twelve months' notice/'' The American minister was informed 
that Great Britain had not applied for a revival of the mutual privi- 
lege, but, if it was granted to her, it would l)e immediately given to the 
United States. Three days later Count Nesselrode addressed a note 
to ]Mr. ^Yilkins stating that the question could not l)e determined until 
the Imperial Government had received information from the North- 
west Coast as to the interests and wants of the Russian establishments, 
and that such information could not be expected before the following 
spring. 

The subject was not again renewed by the United States until 
April, 1837,' and in the meanwhile Great Britain had made no appli- 
cation for the rei.ewal of the privilege. The silence of the latter 
Government is explained by the fact that in June, 1834, prior to the 
expiration of the stipulation in the British treaty, a Russian officer 
had forcibly prevented a vessel, the Dryad., belonging to the Hudson's 
Bay Company, from entering the Stikine River, for the stated pur- 
pose of ascending it to the territory of Great Britain behind the Jh'iere. 
(See jxjsf, p. 77). The matter became a subject of diplomatic corre- 
spondence, which extended over several 3'ears. until finally settled by 
the lease of the li.sierc by the Russian's American Company to the 
Hudson's Ba}" Company. 

In April, 1837, the United States renewed its efforts to obtain an 

« Appendix, p. 242. '^Appendix, p. 247. 

^Appendix jip. 245,246. f Appendix, p. 248. 

^^ Appendix, p. 246. 



72 THE CASE OF THE UNITED STATES. 

extension of the treaty provision," and also sought to recover damages 
for tlie expulsion by a Russian armed brig of an American vessel, the 
Lnrhd. in August. 1830, which had entered Russian waters from the 
south. The correspondence upon the subject was concluded in 1838 
by Russia's refusal to continue the trading privilege or to recognize 
the claim of the Lor lot J' 

To that decision the United States submitted, and on September 26, 
1845, gave official notice warning American vessels against the viola- 
tion of treaty stipulations ''bj- resorting to any point upon the Rus- 
sian American coast where there is a Russian establishment, without 
the permission of the governor or commander, nor to frequent the 
interior seas, gulfs, harbors, and creeks upon that coast at any point 
north of the latitude of 51:-^ 40'.'"'^ Thus. Avhatever question had been 
previoush^ raised by the United States it tinally recognized the com- 
plete sovereignty of Russia over the Northwest Coast of America 
north of latitude oi^ 40'. 

RUSSIAN OCCUPATION. 

After the treaty of 1825 went into ettect, one of the first acts on the 
part of the Russian Government in the assertion and enforcement of 
its title to the territorv guaranteed to it by that treaty, was the prepa- 
ration and publication by that government of a map, in 1826, upon 
which the boundary line was distincth" laid down as extending from 
the head of Portland Canal, at a distance of 1(> marine leagues around 
all the inlets of the sea, to the 141st degree of longitude, and thence 
along that parallel to the Arctic Ocean. (See Map No. 11 in the 
Atlas accompanying this Case.) The next year another map was pub- 
lished by the Russian (government with exactlv the same boundary 
line laid (h)wn. (A description of this second map will be found in 
the Appendix, page 513, No. IS.) Up to the time of the cession of 
the Russian possessions in America to the United States all Russian 
maps, official or otherwise, marked the boundary uniformly in the 
manner described. 

The exercise of sovereignty and occupation by Russia in the terri- 
torj' known as the list ere, aside from the exclusion of foreign vessels 
and citizens from trading with the natives, already noticed, may be 

"Appendix, p. 248. '^Appendix, p. 249. 

c Appendix, i>. 250. 



RUSSIAN CONTROL OF INDIANS. 73 

classiiiod as follows: (1) Control over the Indian trilx's; (2) the con- 
duct of trade; (3) the establishment of posts and forts; (4) the mainte- 
nance of its territorial rights ag-ainst foreign encroachments; and (5) 
the survey of the straits, inlets, and rivers. 

RUSSIAN CONTROL OF THE INDIANS. 

The control of the Indian tribes on the continental shores began 
many years before the treaty with Great Britain of 1825. In the 
accounts of the voyages of the Russian explorers who were laying the 
foundation of the imperial possession in America during the latter 
part of the eighteenth century, frequent reference is made to the 
measures taken to secure the allegiance of the native chiefs and to the 
plans inaugurated to convert them to Christianit}'. One of the most 
noted of those events was the submission to Russian authorit}' of the 
chief of the Chilkat tri])es. In the year 1788, Ismailof, a lieutenant 
of Shelikof, one of the founders of the Russian American Companj", 
anchored in the Yakutat Bay and spent some time in that vicinity. He 
met there the Chilkat chief, who had come from his home on the Chil- 
kat River, near the head of Lynn Canal, to visit portions of his tribe 
inhabiting the region about that bay. He established friendly rela- 
tions with the chief, explained to him the purposes and power of the 
Russian Government, presented him with a coat of arms, an insignia 
of the Russian double-headed eagle, and portraits of the imperial 
family. The chief in return pledged his devotion to the Russian Crown 
by presenting the Russian officer with a sacred iron crow's head and 
other evidences of his allegiance." 

In 1795 Baranof, governor of the Russian American Company, 
visited the same bay, renewed the amicable relations with the Indians, 
and with great eclat planted the Russian flag on the shore. Thence 
he passed on to Chilkat Inlet, where he repeated his experience, and 
erected crosses with the inscription, ""This land is Russian territorv."* 

During the Russian occupation of the islands and adjoining Jhiere 
active efforts were put forth to lead the natives to accept Christianity, 
and various schools were established among theuL Two priests 
claimed that up to 1860 they had baptized 4:4:7 of the Stikines and 
others of that vicinity. When the territory was transferred to the 
United States in 1867, the Russian department of the interior reported 

"Appendix, pp. 252, 255, 256. & Appendix, p. 257. 



74 THE CASE OF THE UNITED STATES. 

thiit nearly all tlio tribes of the Tbliiikits inhabiting the mainland 
were Christians, but this statement must be taken with some reserva- 
tion. " 

The authorities, in addition to the encouragement of the clergy, 
exerted their intluence to correct the brutal and barbarous practices 
of the Indians, one of which was to oti'er up as sacrifices at funerals 
the lives of their slaves. The chief of the Stikines was induced to 
abandon the bloody rite in 1837, and in recognition of his noV)le act 
the Emperor presented him with a gold embroidered caftan and he 
was given a certificate of honor by the governor.^ 

The officials of the colony lal)ored earnestlv to exclude intoxicating 
liquors, and the illicit traffic of the American and British traders 
among the natives gave them much trou))le. 

The Chilkat and Stikine tribes were in constant enmity, and the 
authorities were kept on the alert to prevent war or restore peace 
among them.'' Such of the chiefs as manifested special loyalty to the 
Imperial Government were decorated with a silver badge and were 
entitled "Allies of Russia."'' In order to bring about a closer union 
between the Thlinkit triljes and the government a supreme chief of all 
these tribes was appointed in 1842, and the colonial council in 1862 
exercised its authority in appointing a chief over the Stikines,'' In 
order to protect'their exposed establishments on the lisiere, the author- 
ities sometimes resorted to the expedient of taking the chiefs or their 
sons as hostages.-^ So great was the influence established by the Rus- 
sians over the natives that even after the Hudson's Ba}^ Company had 
taken possession of the Uslert, when the post at the mouth of the. 
Stikine was besieged by the Indians in 1846. the mere appearance of a 
vessel of the Russian American Company is said to have saved the 
post from destruction. A similar danger was averted in 1802 by a 
Russian naval officer scn-uring the promise of the chief to restore order. ^ 

Tikhmenief. the historian of the Russian American Company, pub- 
lished in 1861 a census of th(» native tribes, called by the Russians 
the Koloshes and known l)y later ethnologists as the Thlinkits, who 
inhabited the mainland up to Prince William Sound and the adjoining 



« Appendix, pp. 259, 318. ''Appendix, pp. 258, 316. 

''Appendix, pp. 259, 308. /Appendix, pp. 2H8, 274. 

<'Api)endix, pp. 274, 303. '/Ai)pendix, jk 317. 
'' Ap]iendix, p. 309. 



THE CONDUCT OF THE EFR TRADE. 75 

isliiiids. In this enumeration ot" Indians are found the Chilkat, Taku, 
and 8tikine tribes." 

It is thus seen that the Russian Gov^ernment exercised authority 
over the native inhabitants of the Usiere from the date of the treaty 
of 1825 up to the cession of its American possessions to the United 
States. 

THE CONDUCT OF THE FUR TRADE. 

Durino- the same period the Russian American Company carried on 
an active barter with these Indians, and, after the expiration of the 
ten years' privilege granted to the Americans under the treaty of 
1824, the trade with the natives was strictly contined to that company. 
So jealous were the authorities of their exclusive sovereignty that 
the}' construed the attempt of the captain of one of the American ves- 
sels, even before the ten years' privilege had expired, to introduce a 
missionary among the Indians as a violation of the treaty.'' 

For some years after the treaties the compan}^ maintained no per- 
manent establishments within the Usiere^ making the central post at 
Sitka, or New Archangel, the base of operations, and thence sending 
out annual expeditions to the head of Lynn Canal, Taku Inlet, the 
mouth of the Stikine River, and other appointed places of rendez- 
vous, where the barter for furs was conducted. But events occurred 
which compelled a change of methods. 

By 1829 the Hudson's Bay Company had reached the coast of the 
Pacific Ocean and established a post on Vancouver Island. From that 
post it dispatched an agent, Lieutenant Simpson, to Sitka earl}' in 
1829, with a letter addressed to the manager of the Russian American 
Company, giving him notice of the intention to establish another post 
on the northern limit of the British coast, and proposing that a friendly 
understanding be reached as to the future conduct of trade. Among 
the matters suggested were a joint agreement to put a stop to the sale 
of firearms and liquor which was injurious to the natives and embar- 
rassing to trade, and an ofter to exchange with the Russian company' 
Furopean goods and supplies at fair prices for furs.' The Hudson's 
Bay Company's agent was hospita1)ly received, and sent back with a 
civil answer. This led to correspondence between the head offices at 

« Appendix, p. 316. ''Appendix, p. 235. 

'Appendix, p. 259. 



76 THE CASE OF THE UNITED STATES. 

London unci St. PotiM-sburg- aiul a reference of the subject to the Russuin 
Government, but no detinite action was had respectino- the proposi- 
tion." 

Meanwhile the new po.st of the Hudson's Bay Company had lieen 
estal)lished at Naas. on 01)servatory Inlet, just in front of the boundary" 
at l*ortiand Canal, and the Kussian con)pany began to feel the 
damag-ing effects of this close competition among- the Indians of their 
southern frontier. But this was not the worst of the e\ils which 
threatened the Russian compan^^ In 183:2 news was received of the 
intention of the Hudson's Bay Company to establish a settlement up 
the Stilvine River "at such a distance from the sea as not to infringe 
upon" the treaty of 1825, the British having ""a right to settle at a 
distance of 30 Italian miles from the sea on the river." This was 
followed the next year by the information that an English expedition 
had actually ascended the Stikine and selected a spot for the new 
settlement.'' 

These movements greatly alarmed the Russian company for the 
safety of its trade, and it at once adopted energetic measures which 
essentiall}^ changed the methods of its trafHc. The vessel which had 
been engaged in the trade within the Usiere was "put on a war foot- 
ing," and dispatched to the mouth of the Stikine, with orders to there 
erect a redoubt and fortify it. A new vessel was built with all speed to 
look after the trade in the Chilkat region, named theC'/i/'Ilrtf. In addi- 
tion to the redoubt at the mouth of the Stikine, called St. Dion3'sius, 
the board of directors reported to the government at St. Peterslmrg 
that the safety of that redoubt "as well as the continuous maintenance 
of trade with the natives, demand that a chain of stations be estab- 
lished from the southernmost redoubt of our possessions, St. Dionysius 
at Stikine, to the north to the Chilkat Strait, named Lynn Canal b}- 
Vancouver. ''<■ 

From this time forward until the lease of the //.wV/v to the Hudson's 
Ba}' Companv, the Russian American Company carried on its fur 
trade with the Indians mainly through its permanent establishment at 
the mouth of the Stikine River and througii the other settlements up 
to the Chilkat Inlet in Lyim Canal. 

"Appendix, pp. 260-264, 31.3. ^ Appendix, pp. 264-266, 272-273. 

•Appendix, pp. 235, 266, 274-275, 280, 320. 



THE AFFAIR OF THF: DRYAD. 77 

THE AFFAIR OF THE DRYAD. 

In 1834, the _voai' {ift(>r tlu> t'ouiuliiiH- of tlio vSt. Dionysius reclout)t. a 
vessel of the Hudson's Bay Compaii}', named the Jh'i/dd, a|)})eaied in 
sight of the redoubt, and was boarded by a Russian officer who dcdix- 
ered to the captain a written notice from Baron Wrano-elj, governor 
of the Russian colony, to the effect that it was no h)nger permitted to 
foreign vessels to trade with the natives." The Dnjad had on board 
a colony of settlers and a full outtit for the establishment of a trading 

l)Ost. 

Dr. Dawson, the Canadian authority, states that the vessel was 
fitted out by the Hudson's Bay Company " for the purpose of estab- 
lishing a post and colony at the mouth of the Stikine." This state- 
ment is continued by Professor Dall, the American author. '" Such a 
report reaching the Russian authorities may more fully explain the 
activity of their military preparations at the mouth of the Stikine. 
But Mr. O^den, the chief of the Naas station, in charge of the British 
expedition, stated that it was his intention to form an establishment 
"ten marine leagues inland,''' and this statement was accepted b}- 
the Russian authorities. 

The Dryad was not permitted, however, to ascend the river and 
proceed to her destination, upon the ground that it would l)e a viola- 
tion of the stipulation of Article II of the treaty of 18^5, which for- 
bade British sul)jects to "land at any place where there may be a 
Russian establishment." The vessel returned to Naas, and the British 
Government presented to the Russian Government a demand on 
behalf of the Hudson's Bay Company for an indemnit}' of £22,15o on 
account of losses sustained by the company because of the action of 
the Russian authorities. This claim for damages was the subject of a 
lengthy correspondence between the British diplomatic representatives 
at St. Petersburg and Count Nesselrode, extending through four years, 
and it w^as finally adjusted through an arrangement between the two 
rival companies, by which the Russian American Company, with the 
express authorization of the Imperial Government, leased the Udere 
to the Hudson's Bay Comi)any for a term of years. ^^ 

This arrangement had two objects in view. As stated bv Count 

"Appendix, ]>. 267. ^Appendix, j). 269. 

'J Appendix, pp. 320, 321. ^'Appendix, ])p. 271-312. 



78 THE CASE OF THE UNITED STATES. 

Nesseli'odc. the first wtis "the iulvantage of doing- invay witli all 
rivalrv in the fur trade and of putting an end to the frequent occasion 
of friction with the English and with the citizens of the United States 
of America which have already led to unpleasant correspondence with 
these Governments." Second: " It would enable us to avoid all further 
explanations with the (government of the United States as to its cease- 
less demands, disadvantageous to our interests, for the renewal of 
Article IV of the treaty of 1824:, which granted to American ships the 
right of free navigation for ten years in all the straits and seas adja- 
cent to our dominions on the northwest coast of America."' ^' 

The atiair of the Di'tjd I illustrates in a forcible manner why the 
Kussian company and its government were so firm in their position 
during the negotiation of the treaty of 1S25 that a strip of territory 
should be preserved on the shores of the continent of sufficient width 
to act as a l)arrier to keep the Hudson's Bay Company from inter- 
fering with their trade in furs with natives inhabiting those shores. 
The governor of the colony, Baron Wrang.dl, represented to his gov- 
ernment in the strongest terms the evil efi'ects of the establishment of 
a British post on the Stikine River immediately adjoining the 
boundary line. It would enable the British trappers and himters, 
with their superior weapons and methods of securing game, to deprive 
the Indians of their only means of livelihood. ''It is for this reason,"" 
he writes, '"that the Stikines ask us most earnestly not to allow the 
British to enter the river; they foresee the fatal consequences to 
their people if the British succeed in cutting oif their only source of 
trade. In fact, the consequences will be terrible and unavoidaljle; 
the numerous, enterprising and formerly wealthy tribe of the inhabi- 
tants of the coast (Kolosh) will become a tribe of brigands in the 
full sense of the word if the\' are brought dow'n to abject poverty; 
* * "^' they can, if the}' act together, work fearful ruin by attacking 
the fort and vessels. * * * I ask again, does not humanity, jus- 
tice, and th(^ very duty of Russia with regard to the aborigines of her 
possessions in America, call us to the aid of the people?"* The 
Imperial (irovei'nment, while it was forced to admit to the British 
ambassadoi- that the expedition up the river was authorized under the 
treaty, did not fail to recognize the cogency of the Russian company's 
appeal, and brought about the oidy method of relief, the lease of the 
strip, which put an end to rivalry in the trade. 

"Appendix, p. 312. & Appendix, pp. 277, 278. 



THE AFFAIR OF THE DRYAD. 79 

The Di'f/(((f ntl'air tilso ])riiiii's out in uniiiistakiil)lo terms the under- 
standing- of uU the parties in interest as to the extent and etiect of the 
lisiei'e. Lieutenant Simpson, who visited Sitka in 1829, and the 
Stikiiie in 1831, announced the intention of the Hudson's Bay Corn- 
pan}^ "of establishing a settlement "" * * up the river falling 
into this ])ay [mouth of the Soundj at such a distance from the sea as 
not to infrinoe upon the last convention concluded between Kussia 
and Great Britain with regard to our frontiers/'" Mr. Ogden, the 
manager of the Hudson's Bay Company at Naas, on his arrival at 
the mouth of the Stikine in the Dryads stated to Baron Wrangell that 
his instructions were to '''form an establishment lo marine leagues 
inland, in accordance with clause 2nd, art. 4, of Convention entered 
into between Great Britain and Russia.''* Three months later, when 
he visited Sitka to confer with Wrangell about the J)r)/iul ali'air, he 
claimed the right under the treaty to cany out the intention of his 
company to establish "a settlement np the River Stikine at a distance 
of 1<) leagues from the sea."'' 

It will be remembered that Mr. Ogden had during the year 1833 
passed u]) tiie Stikine to the spot designated for the post, and was 
familiar with the topography of the countrv.-' Mr. McLoughlin, the 
company's manager at Vancouver, in giving an account of the affair 
to the governors of the Hudson's Bay Company in London, trans- 
mitted Mr. Ogden's i-eport, which contained the statement above 
quoted, and also referred to the locality.^ The deputy governor, 
Mr. Pelly. in asking the British Government to make the demand for 
indemnity, stated that the purpose was ""to form a trading establish- 
ment within the British Territories at a distance from the Ocean 
exceeding ten marine leagues up the Stikine river. "-^" 

Lord Durham, the British ambassador, in presenting the demand 
for indemnity to the Russian Government, based it upon the fact 
"that the Russian authorities on the N. W. Coast of America have 
interfered with an expedition fitted out * '^ ^ for the purpose of 
forming a settlement ten leagues up the Stikine River.'" '■/ The London 
Times in its account referred to the purpose of the company of "■ erect- 
ing an establishment at the distance from the line of coast prescribed 
hj the treat}'."''' 

"Appendix, p. 264. « Appendix, p. 272. 

''Appendix, p. 269. /Appendix, p. 278. 

'"Appendix, p. 276. r/ Appendix, p. 285. 

'^ Appendix, pp. 272, 283, 313. /'Appendix, p. 280. 



80 THE CASE OF THE UNITED STATES. 

Buroii ^^'l•rtll^•oll. in sul)inittiii»:' his account of the DvyaJ ati'air to 
the hoard of director.s in St. Petersburg, stated "'that the Hudson 
Bay Co. liad likewise the intention of settling- there, as by the 
terms of the Convention the British have the right to settle on the 
Stikine River at a distance of 3(> Italian miles from the sea." And in 
another part of the same account he speaks of ''the localities desired 
by them [the British] 1<» leagues up all the rivers and rivulets falling 
into our straits."" 

The ])oard of directors at St. Petersburg, in laying the matter before 
their go\ernment. in discussing the terms of the treatv, alluded to 
the ruinous consequences which would result to the colony "if the 
English be'allowed to establish their factories on all the water courses 
ui)on the boundary line, that is, within ten miles ^ from the coast."'' 
Count Xesselrode, at the end of the long correspondence, advised the 
department ha\ ing under its supervision the atiairs of the Russian 
American Company ''that our colonial authorities — contrary to the 
treaty — issued the order proliibiting Mr. Ogden from sailing up the 
Stakine river to the English dominions, where he wished to establish 
a trading post, this 'oeing entirely within his rights."'' 

It is thus seen that the British and Russian authorities concurred in 
the view that the boundary line between the Russian and British 
possesions on the lisiere, according to the treaty, crossed the Stikine 
River at a i)oint Itt marine leagues, or 30 miles, from its mouth. 
It is also to be noted, that the Russian authorities understood this 
distance to be measured from the mouths of "the rivers or rivulets 
falling into out straits." 

RUSSIAN SURVEYS ALONG THE LISIERE. 

A further fact in connection with the Russian occupation of the 
lifilen- is to be noticed in the frequent surveys which were made of its 
inland waters. In 1884 the Taku River was discovered, and in 1838 it 
and the l)av of the same name Avere surveyed and soundings made.^ 
The Stikine River was surveyed in 1837 from its moutli to the interior 
boundary line and the map thereof forwarded to the hydrographic 
office in St. Petersburg. (See list of maps and charts, No. 28, Appendix, 

« Appendix, pp. 274, 278. 

^The word "miles" is i>lainly an ernir, and should read lertfjues. 

(•Appendix, p. 290. 

<' Appendix, p. 307. 

*Api)endix, pp. 273,303. 



RUSSIAN SURVEYS ALONG THE LISTERE. 81 

p. 514.) On this map the boiiiularv is marked on the river, as also the 
proposed British post "some distance farther in the interior. Lynn 
Canal, in the vicinity of the mouth of the Chilkat River, wassurvej^ed 
in 1838 and a maj) of it forwarded to St. Petersburg-. (See list of 
maps and charts, No. 45, Appendix, p. 510.) The Stikine River 
was again surveved in 18(53 beyond the boundar}- line.'^ This second 
surve}' was occasioned by the discovery of gold toward the headwaters 
of this river, and the expedition was for the purpose of ascertaining 
whether the gold deposits were within Russian territory. 

The character and results of the Russian occupation and control of 
the Ilstere and the estimate in which this occupation was held ]\y the 
inhabitants of the adjacent British territory mav be seen from the 
editorial in the Colonist newspaper, published in 1863 at Victoria, 
British Columlna. It spoke of the probability of negotiations between 
England and Russia for the acquisition of the seacoast north and 
south of the Stikine River, as "certainly it is not desirable that the 
business of such a highway [the Stikine] should reach the interior 
through a Russian door of 30 miles. ^ * * The strip of land 
which stretches along from Portland Canal to Mount St. Elias, with a 
breadth of 30 miles, and which according to the Treat}" of 1825 forms 
a part of Russian America, )uust ecentuaUy hecome the property of 
Great Br'itniru either as the direct result of the development of gold, 
or for reasons which are now 3'et in the beginning. 1)ut whose results 
are certain. It is clearly undesirable that the strip 300 miles long and 
30 miles wide, which is only used by the Russians for the collection 
of furs and walrus teeth, shall forever control the entrance to our 
very extensive noi'thern territory. * * * The mouth of the Sta- 
kine nuist be ours, or at least an outer har1)Our must be established on 
British soil from which our steamers can pass the Russian girdle."^ 

From the foregoing review of the Russian occupation between 1825 
and 1807. it is apparent that there was no disputed ownership of the 
interior arms of the sea within the JUlere, or that Great Britain ever 
was in possession or set up any claim to the heads of any of the inlets 
of the mainland north of 54^ 40'. Over the two most important inlets 
and only navigable river of the lisiere — Lynn Canal, Taku Inlet, and 
the Stikine River — the Russian Government exercised various, 
repeated, and unquestionable acts of sovereignty, such as the sur- 

« Appendix, p. 307. ''Appendix, pp. 318, 321. 

''Appendix, pp. 322,323. 
21528—03 6 



82 THE CASE OF THE UNITED STATES. 

vevs of the waters and shores and the establishment of bouudar}' 
marks, the erection of forts and military posts, and the maintenance 
of exclusive trade with and supervision of the Indians. Thus for 
fort^'-two years after the treaty of 1825 Kussian possession of that 
reo-ion remained unchallenged. 

CESSION OF THE TERRITORY TO THE UNITED STATES. 

Tlie treaty for the cession of the Russian possessions in North 
America b}^ His Majesty the Emperor of Russia to the United States 
was signed in Washington March ?AK and ratified May 28, 1867. The 
immediate causes and the steps taken for the negotiation of this treaty, 
so far as made public, are set forth in the Appendix '^' and need not 
be enumerated here. 

The preamble to the treaty states that the high contracting parties 
were "desirous of strengthening-, if possible, the good understanding 
which exists between them." By Article I "the Emperor of all the 
liussias agrees to cede to the United States * * * all the territory 
and dominion now possessed b}' his said Majesty on the continent of 
America and in the adjacent islands" within the limits set forth, the 
eastern limit being "the line of demarcation between the Russian and 
the British possessions in North America, as established by the con- 
vention between Russia and Great Britain in February 2816, 1825, 
and described in Articles III and IV of said convention," which are 
textually inserted.* The consideration for the purchase was fixed at 
$7,200,000. 

The ratifications of the treaty were exchanged June 20, 1867, and it 
was proclaimed on the same da3\ But before that date, on Ma}^ 13, the 
American commissioner to receive the transfer of the territorial posses- 
sions, which were henceforth given the name of Alaska, was appointed, 
and on Ma\' 20 an order was published providing for a detail of troops 
from the United States arm}- to occupy the new possessions.'" Some 
delay occurred in the arrival from Europe of the Russian commissioner. 
The commissioners were carried to Sitka in a United States government 
vessel, and the formal transfer of the territorj^ was effected at that 
place on October 18, 1867, a body of United States troops and the 
military commander of the territory having arrived just previous to 
that date. The ceremony was witnessed by the officials and troops of 

« Appendix, pp. 324-331. ^Appendix, pp. 18, 20. 

c Appendix, p. 328. 



CESSION TO THE UNITED STATES. 83 

both g-overnments, the imperial flag' of Russia was lowered and that 
of the United States run up in its place, while the artiller}- of both 
nations united in the salute." 

Concurrently with these movements a vessel of the United States 
revenue marine, the Lincoln^ was dispatched by the Secretary of the 
Treasury with a complement of officials, for the purpose of ""affording- 
protection to the revenue during the period of doubtful and uncertain 
jurisdiction," as well as to procure information which would be useful 
to the government in organizing the administration of the territory. 
The report of the officer in charge of this expedition shows that he pro- 
ceeded up the inland passage to the head of Lynn Canal, before going 
to Sitka, put himself in communication with the head chief of the 
Chilkat tribe, and held a conference with him and several minor chiefs, 
explained to them the transfer of the territory to the United States, 
and received from them assurances of allegiance "" to the new flag." 
An American flag was presented to the head chief, which he placed in 
the bow of his canoe as he took his departure. The officer reports 
that ''the United States flag was hoisted at Chilkat within a few 
minutes of the time it was hoisted at New Archangel [Sitka], as it was 
afterwards ascertained." After repairing to Sitka, on the return 
voj^age to San Francisco, the revenue cutter stopped at the mouth of 
the Stikine, which was made a customs office or station. A con- 
ference was held likewise w^ith the principal chief of the Stikine 
tribes, an American flag was given him, and a certificate that he had 
been recognized as the chief of the Stikines.'^ 

There was also sent on the Lincoln an assistant superintendent 
of the United States Coast Survey, with a staff" of scientists, to 
make observations and gather material with a view to perfecting- 
the sailing charts and maps of the newdy acquired territory. The 
report of this officer contains a detailed account of the waters in the 
vicinity of the southern boundary of 54^ 40', of the Stikine River, 
and Taku inlet and river. During the stay of the Lincoln at the head 
of Lynn Canal, observations were taken and a survey was made of the 
mouth of the Chilkat River and adjacent waters. On his return the 
assistant superintendent reported: "The general map of the coast, not 
yet finished, is compiled from the maps of Tebenkoff" [a former Rus- 
sian governor], from manuscript maps, kindly furnished me by Prince 

« Appendix, pp. 334,335. & Appendix, pp. 337-340. 



8i THE casp: of the united states. 

Muksoutort'. govonior of the late Russian coloiiios, and from examina- 
tions of my o\vn.*"" 

At the time of the vi.>?it of the Lincoln the Hudson's Ba}^ Compan}-, 
which had been in occupation of the lisiere under its lease from the 
liussian American Compan}', had withdrawn its posts. A vessel of 
the former com])any was, however, reported to have been met at the 
mouth of the Stikine '"'■ in transitu for their posts in the interior." It 
was also stated ))y the revenue agent that there was "about thirty (3()) 
miles from the mouth * * * a station esta))lished, since our pur- 
chase, by the Hudson Bay Company, it is said, directh' on our line.*''' 
In one of the reports is the information concerning- that compan}' that 
"from the mouth of the Chilkaht alone the}- took this year [18()T] 
over twent3'-three hundred martens or Hudson Bay sables."'' 

THE EVIDENCE OF THE MAPS. 

The Government of the United States, when it entered upon the 
negotiations which resulted in the cession of Alaska, in 1867, had full 
knowledge of the extent of the territorial possessions of Russia on the 
mainland of the Northwest Coast of America. It had been a party at 
the outset to the negotiations under which the eastern boundary 
of these possessions was delimited by the treaty of 18:25. It was 
fully conversant with the later negotiations of that treaty,'' and with 
the subsequent events respecting the territory which it acciuired by 
the treaty of cession of 1867. 

Besides this diplomatic and historical information it was possessed 
of a knowledge of th(! official and most authentic maps and charts of 
Russia, Great Britain, and the other enlightened nations of the world. 
From this information and knowledge, as well as from that secured from 
the Russian minister during the negotiations, the Secretary of State, 
who had negotiated the treaty of cession, upon the suggestion of Charles 
Sumner, chairman of the Committee on Foreign Relations of the Sen- 
ate of the United States,' caused a map to be prepared and published 
carefully delineating the boundary line between the newly ac(|uired 
possessions of the United States and Great Britain. (A facsimile 
of this map will be found ip. the Atlas accompanying this Case, marked 



(' Appendix, pp. 341-344. '? Appendix, p. 224. 

'^Appendix, pp. 339,340. ''Appendix, p. 540. 

'Appendix, p. 342. 



THE EVIDENCE OF THE MAPS. 85 

No. '24.) This niup was printed between April ^o and April 30, 1807, 
and was used by Senator Sumner while the treaty was under consid- 
eration in the Senate." It was published six months before possession 
was taken of the ceded territory, and one 3^ear before the stipulated 
purchase money was paid.'^ 

The map Avill be found to conform in respect to the boundary line to 
sul)stantially all the maps and charts of other nations up to that date 
which delineate that reg-ion of the globe. A reproduction of a number 
of these maps will be found in the Atlas accompanying this Case, 
beg-inning- with No. 11. The list includes official or authorized maps — 
Russian, British, Canadian, French, Spanish, German, Belgian, and 
American. In addition to those reproduced in facsimile, a descriptive 
list of a large number of other maps, togethei' with geographic notes 
and information taken from accepted authority, is appended,'' showing 
that the boundary of the ceded territory as claimed by Russia and 
accepted by the L'nitecl States was recognized by all cartographers 
and geographical writers. 

It is to be noted, in an examination of these maps, that the majority 
of those published subsequently to the treaty of 1(S25 do not reproduce 
the chain of mountains parallel to the coast as shown in the Vancouver 
charts. But the universal method followed by cartographers in draw- 
ing the boundary line at 10 marine leagues from the shore of the main- 
land shows that it was their opinion that no dominant range existed 
between that line and the sea. This belief, which was necessarily 
based upon very meager data, has been fully confirmed by recent 
investigations made in that region by ofiicers of the United States 
Coast and Geodetic Survey. 

In 18'93 a joint international survev of the coast of the mainland 
between Portland Canal and the head of Lynn Canal was undertaken 
by the United States and Great Britain.'^ The American ofiicers sent 
out in companj' with the Canadians examined the shores, and penetrated 
inland at several points for the special purpose of determining the 
character of the country. From their observations the following facts 
were established: That the mountains have a tendency to increase in 
altitude the farther they are situated from the shore; that throughout 
the lislere the mountains are composed of numerous isolated peaks 
and short ridges running in different directions, and that within 10 

« Appendix, p. 543. c Appendix, pp. 511-522. 

'^ Appendix, pp. 33(3, 540. <i For reports, see Appendix, p. 523. 



86 THE CASE OF THE UNITED STATES. 

marine loaguos of tide Avater there is no defined and continuous range 
such as appears upon the early maps and charts following the isinuosities 
of the coast." 

The Governincnt of the United States in accepting the transfer 
from Kussia, with the boundaries marked upon the maps and described 
by the Russian minister, not only occupied the colonial capital, Sitka, 
and the settlements on the other islands, but it also took possession of 
the old Russian post recently vacated l)y the Hudson's Bay Company 
at the mouth of the Stikine River, and its oliicials ascended Lynn Canal 
to its head and took formal possession by raising the American flag on 
shore. And at ])oth these latter places the Indian tribes were notified 
of the change of soA-ereignty of the country and were required to pledge 
their allegiance to the United States. 

It remains to be added that no protest was received from any 
quarter that the map published in 1867 by the Government of the 
Ignited States delimiting the boundary was incorrect; and it has 
already been seen that the officials of that government entered 
upon and took possession of the territory so described without any 
opposition, official or individual. The Hudson's Bay Company, 
which was in possession of the It><!ere under the lease at the time 
the treaty of 1807 was negotiated, ^ being a British corporation, 
quietly withdrew into the adjoining Canadian territory. 

THE AMERICAN OCCUPATION— ADMINISTRATION OF THE 
MILITARY AUTHORITIES. 

The possession of the Russian American territory having been 
peacefully transferred to the United States, in accordance with the 
terms of the treatv of 1867, the administration of its aflairs Avas con- 
fided to the War Department, which continued in charge of the newly 
organized Territory of Alaska for ten j^ears, except as to the control 
of trade and the protection of the revenue by the officials of the 
Department of the Treasury. 

General ,]. C. Davis, who commanded the detachment of the army 
wliich occupied Sitka at the time of the act of transfer, contiiuied at 
the head of the Territorial government. Attention was early given to 
the Indians inhabiting the newly ac(iuired domain. The instructions 
to General Davis were that, until a civil government was established. 



"Appi'iidix, i>i). 529-538. ''Appendix, pp. 339, 340, 342. 



AMERICAN MILITARY OCCUPATION. 87 

he should ''act a.s their o-eneral superintendent, protecting' them from 
abuse, and regulating their trade and intercourse" with the white 
inhabitants. He was to exercise the greatest vigilance and strictly 
enforce such regulations as he might deem necessary in regard to 
them.^' Even before the transfer was etfected the general command- 
ing the division of the Pacific dispatched from San Francisco an officer, 
Colonel K. N. Scott, to visit the Territory of Alaska for the purpose 
of ascertaining and reporting upon the Indian tribes inhabiting that 
region, and their relations to each other and to those Avithin British 
territory. He was also to report the steps necessary to be taken l\v 
the army authorities to control them and maintain peace. * 

In his report, dated Novemlier 12, 1867, Colonel Scott gave the result 
of his observations and inquiries between Cape Spencer (near latitude 
59*^) and Portland Canal, relative to the Indians on the mainland and the 
islands. He referred especially to the tribes living "along the shores 
of the various baj^s, rivers, and inlets," as those which would require 
the interposition of the navy with light-draft gunboats or armed quar- 
termaster's steamers, prepai'ed to inflict summary punishment, and 
among these he mentioned the Chilkat Indians. He also cited the 
Stikine River and the inlet at its mouth as a locality which should 
receive military protection.^ Attached to his report is a list of the 
Indian tribes on the islands "and on the mainland from Cape Spencer 
to Portland Channel,'' with their estimated population. This list, he 
stated, was prepared with the aid of the officers of the Hudson's Bav 
Company, who had so lately l)een in possession of the region visited. 

In this list are found the Auks "scattered along Douglass Channel, 
on Douglass Island, and on the mainland from Lynn Canal to Taco 
Inlet." The Chilkats are located "at the head of Lynn Canal and 
mouth of Chilcah River." The Takus are mentioned as living about 
the " head of Taco Inlet." Of the Stikine Indians he reported that "five 
or six hundred of them live on the Stikeen River, and the remainder 
are scattered along the coast from Point Highfield to Port Steward. 
* * * I can not say liow many of the Stikeens are in our terri- 
tory." Capt. Horace Coffin, '"who was for many years a trader 
among the northern Indians, and who lateh' commanded a steamer in 
the service of the Russian-American Telegraph Company."'^ reported 
to Colonel Scott that there was "a Russian boundary monument on 

"Appendix, p. 353. <■ Appendix, pp. 347-350. 

& Appendix, p. 340. rf Appendix, p. 349,353. 



88 THE CASE OF THE UNITED STATES. 

that river, about 135 miles from its mouth, marking- a point ten marine 
leagues from the coast. If he is correct as to the nature of this mon- 
ument, most of these Indians are within our boundary."^' Captain 
Coffin, it will l)e seen, is corroborated as to the existence of the 
Russian boundai y monument b}^ Lieutenant Lindenberg's surve}^ of 
the Stikine in IS37.'^ 

During- the military occupation of Alaska General Davis and other 
officers made frequent reports of the exercise of authority on the main- 
land within the Ilsitre^ and especially at the head of Lynn Canal. On 
May 27, 1868, General Davis reported the visit to Sitka of the Chilkat 
chiefs to make ''apologies for their past conduct toward the whites" 
and to express "their sincere desire to cultivate friendly relations." 
He described them as "the most formidable and hostile Indians, prob- 
ably, in Alaska," and he reconmiended that troops "be sent to L3nin 
Channel and a post established there." In the same report is an 
account of the visit of chiefs from both the- Taku and Stikine tribes 
for the purpose of establishing- good relations and making peace with 
the Sitka Indians, which was accomplished through the general's 
intervention.^ 

Under date of August 3 of the same year (jeneral Davis made a 
report of a visit to the mouth of Chilkat River, at the head of Lynn 
Canal, where he had "a very satisfactory interview" with a number 
of the chiefs. "They are now," he said, "ver}^ friendly disposed 
toward us." Other visits of the Chilkat and Taku chiefs to Sitka were 
reported under date of December 21. "Thej^ express themselves as 
well satisfied Avith the treatment they receive from us."-' 

On January ."), 1869, a report was made of the arrest at Sitka of the 
principal chief of the Chilkats, ""the most powerful and vindictive 
chief on the coast." for ""an attempt at war." But five days later he 
gave "good assurances of his peaceful intentions for the future," and 
he was soon after released.'' 

During the year 1869 William H. Seward, who, as Secretar}^ of 
State, had negotiated the treaty of 1867 for the cession of Alaska, 
paid a visit to the Territory. While he was at Sitka news was 
received from the region about the head of L^'nn Canal that the 
Indians who had been showing a hostile spirit and were threatening 

"Appendix, p. ;i52. (Appendix, p. 354. 

'' A])pen(lix, p. 514, Map Xo. 28. <' Api)einlix, j). 355 

« Appendix, ]>. 356. 



AMERICAN MILITARY OCCUPATION. 89 

war on the Sitka Indians were desirous of establishing- peace and 
friendship with the military authorities, and General Davis decided 
to again visit them, and he invited Mr. Seward to accompany him. 
On their arrival thev were met at the mouth of the Chilkat River by 
the head chief and several subchiefs, who escorted them up the river 
with much ceremony to the headquarters of the chief at the village 
of Klukw^an. 

Here a grand council with all the chiefs was held, during which it 
appeared that the cause of the hostilities had its origin nine or ten 
years before. '•'Then it happened." said Mr. Seward to the chiefs, 
""when this country belonged to the Emperor of Russia — long before 
it became the propei'ty of the United States. He was a great sover- 
eign, who listened to the Indians and treated them with kindness." 
And it was suggested that redress should have been asked of the Rus- 
sians. The answer of the chiefs was; "We did appeal to the Emperor 
of Russia, but he gave us no redress. Perhaps he was too poor; we 
know he was poor, because he had to sell his land to the Great Tyee 
[chief j. But now the Great T3^ee himself is here in his stead, and we 
want to know what he is going to do about it." The result of the 
council was that General Davis agreed to make the chiefs a present of 
36 blankets, in compensation for the alleged wrongful acts of the 
Sitka Indians; a compact of peace was made, and a feast to celebrate 
it was given on board the general's vessel." 

In ISTU General Davis made a visit to most of the tribes on the 
mainland ''from Fort Tongas to the Taku and Chilcat rivers." The 
illicit liquor traflic among the Indians had been a source of much 
trouble since the cession. He reported to the Department "a decided 
decrease in the liquor-smuggling business during the last year. This 
is owing to the increased vigilance on the part of the Government 
officers, both revenue and military." He also alluded "to the valuable 
service rendered by the revenue cutters when in these waters, both in 
suppressing illicit trade and in cooperating with the military in looking- 
after the Indians whenever called upon b}' me.""'^ 

In 1875 Major-General O. O. Howard, commanding the Department 
of the Columbia, made a tour of inspection of Alaska, visiting the inlets 
and rivers of the lisiere. At the mouth of the Stikine he was called 
upon by representatives of the Stikine tribe, whose chief had some 
time before been arrested, charged with a ci'ime, and taken as a prisoner 

"Appendix, p. 497. ti Appendix, p. 357. 



<^0 THE CASE OF THIC FNITED STATES. 

to the State of Oregon for trial pursuant to the provisions of the act 
of Congress. He was so greatly niortitied at his arrest that he com- 
mitted suicide. In accordance with the Indian custom the tribe 
demanded the life of a white man in return for their chief's death. 
General IloA\ard was a])le to satisfy this demand b}" the delivery to 
them of ten l)lankets. 

He made a visit on a small steamer " up the Stikine River as far as 
the l)oundary between our territory and British Columbia. No 
building is yet erected for the custom-house. The place for the 
English custom-house officers' tents is supposed to be selected within 
the British line. Some of our shrewd frontiersmen say that it is not 
10 marine leagues from the sea, as it should be, there being really 
doubt as to the summit of the coast range of mountains." And he 
urged the importance of having ''the existing doubt" detinitel}' 
settled. 

During his stay at the head of Lynn Canal the general visited a 
small Indian village four miles up the river, and was told that "the 
main Chilkat ranches are some 16 or 18 miles farther up."^' 

The military administration of Alaska terminated in 1ST7 b\' the 
withdrawal of the troops, and for some years thereafter its affairs 
were controlled by the naval and treasury authorities. "The reason 
for the withdrawal was that the protection of the Government 
property and the preservation of public peace and order could be 
more economically and more efficiently done by naval or revenue 
vessels.'"^ 

OPERATIONS OF THE NAVY. 

After the withdrawal of the military forces from Alaska the gov- 
ernment of the Territorj' was divided between the naval and treasury 
authorities, the former exercising control in the preservation of order 
and the enforcenuMit of the laws, and assisting the revenue officers in 
the regulation of commerce and suppression of illicit trade. 

The instructions of the Secretary of the Navy to the conmianders of 
vessels in Alaska were to look out for the interests of the residents, 
maintain harmonious relations between the white inhabitants and the 
natives, exercise control over the latter, and make surveys of the 
harbors, inlets, rivers, and other waters as the nature of the service 

a Appendix, pp. 359, 505. h Appendix, p. 345. 



OPERATIONS OF THE NAVY. 91 

would allow." In execution of these instructions the naval officers, 
between the years 18(18 and 1896, visited the inlets and rivei's of the 
mainland of Soutlieastern Alaska, and, in the name and liy authorit}' 
of the Government of the United States, exercised variou.s and fre- 
quent acts of sovereignty. The Stikine Indians, who, it has been 
seen, were located along the Stikine River from the l)oundary line 
fixed by the Russian Government down to its mouth, and the adjacent 
coast, were often after the cession engaged in hostilities with the 
neighboring tribes. 

It became repeatedly the duty of the naval officers to intervene to 
preserve the peace, and finally, in 1881, four of the Stikine chiefs 
were brought to Sitka by an officer of the navy for the purpose of 
meeting a similar delegation of their inveterate enemies, the Kootz- 
nahoos, and through the good offices of the naval commander a treaty 
of peace was drawn up and signed, one of its articles stipulating that if 
any disputes should ari.se they would "be left to the arbitration of the 
senior officer of the United States in the Territory.'"' In cases where 
members of the Stikine tribe were charged with murder or other 
crimes, they were arrested and taken to Oregon for trial, the United 
States courts of that State having been given jurisdiction over offenses 
committed in Alaska.' 

When disturbances l)roke out along the Unuk River and the chiei- 
of the native tribe refused to allow white miners to ascend that river 
to work the newly discovered placers, the presence of a naval vessel 
was invoked to preserve order and protect the miners.-' Similar expe- 
riences were had with the Auks and Takus inhabiting the shores of 
Taku Inlet and River, by whom the authority of the United States 
was recognized, and visits were made to Sitka seeking for friendly 
relations with the authorities.' 

But the chief attention of the naval officers was given to the Indians 
located about the head of Lynn Canal and along the rivers emptying 
into its inlets. They Avere divided into two tribes of the same family, 
the Chilkats and Chilkoots, whose prosperity, numerical strength, and 
warlike characteristics made their relations with the whites and other 
native tribes of much importance; to which was added the fact that 
tlie}' occupied a geographical position which controlled the most acces- 

« Appendix, p. 361. c Appendix, pp. 359, 505. 

'^Appendix, p. 378. f? Appendix, p. 389. 

( Appendix, pp. 355, 382, 400. 



92 THE CASE OF THE UNITED STATES, 

sihlo passi's from the .><eti to the heiichvuters of the Yukon River. It 
has been seen that they received much attention from the Russians 
durinu' their occupation of the countrv; that the United States was 
careful to take formal possession of the reg-ion at the time of the trans- 
fer: and that in the early years of the American administration the 
militaiy authorities had exercised special control over these Indians. 

The tirst recorded visit of a naval vessel to the Chilkats was in 
18()H. It is stated that ''they are the most numerous and Avarlike in 
this reg-ion and their chief is a person of great influence over them." 
Four years later the admiral commanding the station, acting upon the 
request of the chief of the Stikines, was able b}^ friendly means to put 
an end to a war being waged against them by the Chilkats." 

Between the years 1879 and 1S81 Captain Beardslee was in com- 
mand in Alaska, and his reports to the Navy Department show that 
he was constant in his intercourse w^ith and restraint upon the Chil- 
kat chiefs and tribes. In 1879 the different families or divisions 
among the tribes were at open war with each other, and the hostili- 
ties were exposing the whites to peril and putting a stop to all trade. 
Captain Beardslee sent a party of friendly Indians from Sitka, headed 
by some Indian policemen, to remonstrate with the Chilkat tribes, 
to advise a cessation of the war, and to urge them to allow the white 
miners to jjass through their country. They returned bringing an 
invitation to the miners to come, and promising to give them a 
friendly welcome. The following A^ear the miners organized an expe- 
dition to the mining regions, and they were escorted by a detachment 
of the nav\". The lieutenant in connuand executed his instructions 
with success. Thev passed throug-h unmolested, and for the iirst time 
free entrance of miners to the Chilkat country was secured, the pro- 
hil)ition against their entry having previously been strictly maintained. 

Captain Beardslee was so much pleased with the honorable and 
friendly conduct of the Chilkat chief that he sent him a present and a 
letter, in which he said "The Great Father in Washington, who is 
father of the Alaska Indians and the white men, will be greatly 
pleased when he receives the letter which I have sent, telling him of 
the good conduct of the chiefs of the Chilkats. and that they have 
becouK^ so wise that they can see that it is best to be friends with the 
white men." But before the season was passed fresh troubles arose, 
as it was charged that some of the miners, who had pledged them- 

" Appendix, j)]). '!62, 3(53. 



OPERATIONS OF THE NAVY. 93 

selves not to engage in trade with the Indians in the British territoiy 
which was expressly reserved to the Chilkats, had not ol)served their 
promise. 

Captain Beardslee. in view of the threatening- character of the news, 
decided to go himself to the Chilkat country and make such a display 
of interest and force as to impress the Indians with the earnestness of 
the Government. He took with him Judge Deady, of the United 
States court of Oregon, and William Gouverneur Morris, the special 
agent of the Treasury Department. 

On the arrival of the vessel it was found that a fresh war had broken 
out between the Chilkats and Chilkoots. These disturbances were the 
more serious as the Northwest Trading Company, a.i American corpo- 
ration, and a mission and school connected with the Presbyterian 
home mission ])oard in New York had been established at the head 
of the inlets, and the lives of the white persons attached to them were 
imperiled as well as all trade suspended. Captain Beardslee sum- 
moned the chiefs of the rival factions to a conference on the vessel. 
The chiefs responded, iiying the American Hag at the head of their 
canoes as they came aboard. The result was a termination of the war 
and a l)etter understanding between the miners and the Indians." 

While these visits of the naval officers were being made to the head 
of Lynn Canal, they had likewise devoted their attention to the survej^ 
of all the waters in that vicinity, including Taiya Inlet, Chilkoot Inlet 
and River, Chilkat Inlet, and Chilkat and Tlehini Rivers for more than 
8 miles above the village of Klukwan. They also made a census of the 
tribes and collected other useful statistics. '' 

Among the beneficial results of the administration of the naval 
authorities was the issuance of an order addressed to all the Indian 
tribes prohibiting the further existence of a practice ''among the 
Alaska tribes of making slaves of prisoners of war. or of hostages 
held for the payment of claims."'' 

The Chilkat war of 1S8(> was followed by another in 1881 between 
two clans of this tribe, the Crows and the Whales. It had its origin 
in lioocJieiioo^ a liquor made from molasses furnished l)y the whites — 
most of the troubles among the Indians being traceal)le to this cause. 
The alarming character of the news led the commander at Sitka to send 
a detachment of the navy, under an experienced officer, to the scene 

« Appendix, pp. 364-374, 502. & Appendix, pp. 374-377, 507. 

<x\ppendix, p. 379. 



94 "THE CASE OF THE UNITED STATES. 

of the hostilities, which Avas found to be at the village of Klukwan, 
about 'lb miles interior from the mouth of the Chilkat River. This 
distance was traversed b}' the naval force, which on arrival found 
" this was the o-roatest tribal difficulty that the}^ had ever had." Many 
Indians had ])een killed and w^ounded, and the war was then at its 
height; but by firmness and conciliation the officer was soon enabled 
to restore peace. The precaution was taken, however, to leave a naval 
guard at Portage Bay, near the mouth of the river, for the protection 
of the trading post and the mission." 

In 1884 Congress having passed an act creating a civil government 
for the Territory of Alaska,^ on the arrival of a governor appointed 
under that law, the naval authorities ceased to exercise original con- 
trol over the Indian tribes, but continued active in their efforts to 
maintain the peace under the direction of the governor. During the 
following years the exercise of force l\v or the presence of the navy, 
especially in the waters at the head of Lynn Canal, in support of the 
civil administration was frequent, as will be seen by reference to the 
naval documents appended to this Case.'- 

At the season of the year when the miners were passing through 
the Chilkat country a naval vessel or station was continuously main- 
tained there. In the controversy which arose as to the right of the 
Chilkoot tribe to control the packing trade over the Chilkoot Pass, 
the naval authorities took an active part, expeditions being sent from 
the vessels to examine the pass and territory beyond, and report upon 
the conditions; and the chief of the Chilkoots, upon his own motion, 
submitted the question of the exclusive right of his tribe to the decision 
of the civil authorities.'^ 

In addition to the logs of the vessels, which are to be found in the Ap- 
pendix to this Case,*" official letters or reports are also appended from 
officers still in the service of the Navy Department who in former years 
were on dut}' in Alaskan waters, showing that the Stikine, Auk, Taku, 
Chilkat, and Chilkoot Indians^ who live along the inlets, and rivers of 
the lls!ere. rendered unquestioned submission to the authority of the 
United States and recognized their lands as American territorj'^; and 
that the control exercised by the navy was never questioned by the 
British authorities.'" 

/'Appendix, pp. 379-381. ''Appendix, pp. 392-396. 

& Appendix, p. 510. «■ Appendix, pp. 396-399. 

c Appendix, pp. 383-396. /Appendix, pp. 399-407. 



JURISDICTION OF JUDICIAL AUTHOKITIES. 95 

EXERCISE OF JURISDICTION BY JUDICIAL AUTHORITIES. 

A civil g-overnnient wtis not organized for the Territory of Alaska 
until subsequent to the passage of the act of Congress of ISS-t/* 
Soon thereafter an office of the United States district court was estab- 
lished at Juneau, and its jurisdiction was extended to the region occu- 
pied b}' the various branches of the Chilkat tribe at the head of Lynn 
Canal and along- the streams emptying into that body of water. The 
archives of the Department of Justice and of the court mentioned, 
of which extracts are found in the Appendix to this Case, show that 
Indians and other residents of the Chilkat country, during the years 
1887, 1888, 1889, 1890, 1892, and in all years subsequent to the last 
date, were arrested and brought before the court, indicted, convicted, 
and imprisoned, or otherwise punished for violations of the laws of 
the United States. The localities of these arrests were in the vicinity 
of all the inlets or arms of Lynn Canal and up the Chilkat River 
be^'ond the village of Klukwan, to a distance of 30 miles from tide 
water.* 

Accompanying these records are depositions taken in Alaska by 
the judicial officers of the United States, embracing those of United 
States commissioners, marshals, interpreters, police officers, and citi- 
zens who have been residents of that Territory from the various 
dates stated in their depositions between 1867 and 1890, giving- 
the details of acts of the judicial authorities since 1867 and the 
localities of various arrests. From these verified statements it 
appears that the jurisdiction and processes of the courts and the 
authority of officers of the United States in and a1)out the shores and 
waters of Lynn Canal, its inlets and streams, have been exclusive, 
uncontested, and uncontradicted; and especially that no British or 
Canadian officer or subject has sought to exercise an}' authority in 
that region. 

These depositions further show that mercantile establishments, trad- 
ing posts, and an American mission station, existed at the head of 
L3'nn Canal as earl}' as' 1880; that the land upon which they were 
located was regarded as within the territory of the United States; that 
from their earliest establishment steps were taken to secure title to this 
real estate from the United States, through the entry, survey, and 

« Appendix, p. 510. '^Appendix, pp. 407-4:13. 



96 THE CASE OF THE UNITED STATES. 

record thereof in conformity to the laws of the United States; that, in 
general, all locations and acquisitions of property rights in the region 
were made, and all recording of titles was done, pursuant to the laws 
of the United States; and that all property rights in dispute have been 
settled through the jurisdiction of the United States courts. It is 
shown by the deposition of Edward Armstrong, an int^r})reter and 
police officer of the United States, that he assisted in taking the census 
for 1890, and he stated that they "took the census of natives and 
whites around the head of L^'nn Canal and as far up the Chilkat Kiver 
as Klukwan. including Klukwan: and took the census of natives around 
Taku Inlet and the Taku Rivei", proceeding and taking said census as 
far as 30 miles up the Taku River." ^' 

Among the depositions taken by the judicial officers, as stated, is 
that of Don-a-wak, the chief of the Chilkat tribes. He stated that he 
was a chief *'at the time that Russia left Alaska and the United States 
took charge of Alaska;" that at that time a man-of-war came to 
Chilkoot Inlet, he "was invited aboard by the commanding officer 
and informed of the transfer; * * * that from that time until the 
present day my tril)e has recognized the authority and jurisdiction of 
the United States and its officers over all the country adjacent to Lynn 
Canal and Chilkoot Inlet and bordering thereon and adjacent to 
Chilkat Inlet, and at least as far as the summits of the mountains 
from the heads of the various inlets."-' 

There was also taken the deposition of George Shortridge, the son 
of the famous head chief of the Chilkats at the time of the occvipation 
b}^ the United States. He stated that his father was at Klukwan when 
he was summoned to appear before the commander of the American 
vessel; that a flag and a uniform wei'c given to his father l)y the 
officer; that the flag is still in the possession of the deponent at Klu- 
kwan; that other Indian witnesses conlirm the declaration of Don-a- 
wak as to the recognition by the Indians of the authority and jurisdic- 
tion of the United States over the country and watcn-shed tril)utarv to 
Lynn Canal; and that since the cession there has never been any 
attempt on the psirt of the officials of any other nation to exercise con- 
trol or jurisdiction within the limits described' 

« Ap])en(lix, ])p. 413—446. 'J AjipeiKlix, p. 427. 

<" Appendix i)p. 444, 543-550. 



AUTHORITY EXERCISED BY REVENUE OFFICERS. 97 

EXERCISE OF AUTHORITY BY REVENUE OFFICERS. 

It has been shown that the Secretary of tlie Treasury took an active 
part in the proceedinos attending- tlic transfer of Alaska to the United 
States, by the dispatch of a vessel of the Revenue Marine to that Ter- 
ritory in 1867, whose commander raised the American flag- at the head 
of Lynn Canal on the same dav that the transfer of authority was 
effected at Sitka, and that the Treasury officials took possession of the 
post at the mouth of the Stikine just vacated l)y the Hudson's Bay 
Company. 

One of the lirst acts of the Ignited States customs officials at Fort 
Wrang-ell was to reach an understanding with that companv as to the 
manner in which the trade was to be conducted on the Stikine. As 
already stated, the company had at the time of the cession withdrawn its 
post at Wrangell and established itself up the river beyond the bound- 
ary monument placed by the Russian Government. The chief factor 
of the company at Victoria, British Columbia, recognizing the change 
of sovereignty, addressed a letter, January 29, 1869, to the United 
States collector of customs at Sitka, desiring to know the "formalities 
required'"' in transit of goods " to our station on tlie Stikine River, 
within the British lino;'' and he later in the year addressed a similar 
inquiry to General Davis, the military commander at Sitka. The deci- 
sion of the Department was that an inspector of customs should be put 
in charge of the goods while in transit up the river until the vessels 
transporting them had passed the boundar}- line; and this practice 
continued in force for several years.*^* 

After Captain Beardslee, the naval commander, had succeeded in 
securing the consent of the Indians for the whites to enter the terri- 
tory about the head of Lynn (]anal, trade to that region received a 
fresh impetus, and the treasury officials w^ere kept l)usv in preventing 
smuggling, made more eas}^ through the transportation of British mer- 
chandise by Indian canoes. An order was therefore issued in 1880 by 
the Secretary of the Treasury requiring all vessels from foreign ports 
to enter at the custom-house at Wrangell and they were prohibited 
from proceeding to Chilkat, and a special inspector was appointed to 
prevent illicit trade up Lynn Canal.* The smuggling, especially of 

"Appendix, pp. 448-453. 6 Appendix, pp. 453-455. 

21.528—03 — 7 



98 THE CASE OF THE UNITED STATES. 

whiske}' to be supplied to the Indians, continued, and in lSi>4: two more 
inspectors were assigned to duty in tlie Chilkat territory, and quantities 
of li(|U()r were discovered and conHscated. as far inland as the summit 
of the pass through the mountains north of Dyea." 

W. G. Morris, the special treasury agent at Sitka, reported under 
date of December 7, 1881, the establishment of two salmon can- 
neries at Pyramid IIarl)or in Chilkat Inlet, and in the same report 
he gave a detailed account of his visit with Captain Beardslee, of the 
navy, to the Chilkat country to quell the war between the tribes of 
that region, of which notice has already been taken {ant(\ page 93). 
The report is of value as contirmatory of the exercise of authority hy 
the naval officers over the Indians and of the submission of the natives 
to the control of the United States. It also shows the activity of the 
revenue otlicers in the extreme measures resorted to by them in the 
vicinity of the headwaters of Lynn Canal, in preventing illicit trade 
and in their efi'orts to seize and confiscate intoxicating liquors in the 
hands of the Indians as well as the traders.^ 

In addition to the authority conferred on the customs officials to 
enforce the laws in Alaska, as indicated, the Secretary of the Treasury 
states "'that the steamers of the revenue service have made annual 
visits to the coast in question since 1867, under the instructions of this 
Department, entering all the inlets and arms of the sea to the head of 
navigation, for the purpose of protecting the revenue, enforcing 
United States laws, and preserving peace and order among the 
natives."*" The Appendix to this Case contains extracts from the offi- 
cial reports of several of the commanders of revenue cutters, giving 
accounts of their visits to aiid intercourse with the natives of the Sti- 
kine River, the Auks on Taku River, and the Chilkat tribes at the 
head of Lynn Canal, as also recent letters on the same subject from 
captains of vessels still in the service. As indicating the character of 
that intercourse, the following extract is made from the report of 
Captain Selden, dated November 12, 1877: 

Before I paiU-d I called a meeting of their [the Chilkat^'] cliiefs and talked -with 
them. I told them that I had been sent there by the Great Father at Washington 
to talk Avith them and to learn the truth about the reports that had been made 
against the Indians for jDulling down the stockade, and other depredations. I urged 
strongly ui)on the Indians the necessity of their remaining at i>eace and submitting 

"Appendix, pp. 460-4G1. * '^ Appendix, pp. 462-470. 

''Appendix, p. 447, 



SCHOOLS, CENSUS, MINES, ETC. 99 

quietly tii the authority of the United States Ciovernnient, and of relyiuii on its good 
faith and kind intentions toward them. I moreover told them that if they did 
molest the white people or destroyed i)rivate or i)ublic property that the Great 
Father would punish them severely. * * * They i)ledged themselves to use every 
means in their power to keep peace and order, and that no disturbance should oceur 
among their people and the whites if they could prevent it. I am firndy convinced 
that what they promised they meant to perform.''' 

ACTS OF AUTHORITIES IN RELATION TO SCHOOLS, CENSUS, 
MINES, AND CONTROL OF THE INDIANS. 

The civil goverimient of Alaska dates from September 15, 1884, 
when the naval commander relincjuished at Sitka to the governor 
appointed b}" the President ''all civil authorit}- hitherto exercised b}- 
the United States Navy, deeming that [their] functions in that direction 
ended with the advent of the civil government/''' Before this date 
various missionary societies of the United States had extended their 
operations to Alaska and established schools at different places, the 
one of the Presbyterian board of home missions at Haines, Chilkoot 
Inlet, in 1880, having been already- noticed. To this school was added 
another, under the direction of the United States Bureau of Educa- 
tion, in 1885, and it has been maintained ever since that date.^ 

It became the duty of the governor of Alaska to make an annual 
report. In that for 1886 he gave an account of a visit made by him 
to the head of Lynn Canal, accompanied by a deputy United States 
marshal and a force of eleven men, to investigate a charge of assault 
made by the chief of the Chilkoots upon a bishop of the Catholic mis- 
sions. He arrested the chief, took him as a prisoner to Sitka, but for 
want of sufficient proof he was dismissed, professing regret and prom- 
ising good conduct in the future. ^^ The following year the governor 
made another visit to the Chilkat country, and in his report described 
the claim set up by the Indians to an exclusive right to do all the 
packing over the passes for the miners. He referred to the warlike 
character of the tribe, and adds: "If there is anj^ one point in the 
Territory where a militar}' post should he established and maintained 
it is among these Chilkats."* 

In the report for 1892 he gave a list of the corps of Indian police 
which had been organized, three of them being assigned to Chilkat. 

« Appendix, p. 472. f Appendix, pp. 480, 488, 506. 

^ Appendix, p. 482. 'i Appendix, pp. 482-483. 

« Appendix, p. 484. 



100 THE CA8E OF THE UNITED STATES. 

He said: •• All these policenieii are required to report to some white 
man. usually a dei)uty marshal, and directed to act under orders from 
him, to assist the deputy in preserving order, to prevent the manufac- 
ture of hoochcnoo [native liquor], to intiuence attendance by the nati\'e 
children of school age upon the Government schools, and to give prompt 
information relative to any matters of which the Government officers 
ought to be informed.'"' He described the Chilkat district as ''an 
important one, containing three canneries, several mines, a mission and 
Government school, and half a dozen, or such a matter, of stores and 
trading establishments. The district embraces nine Indian villages 
and extends 25 miles up the Chilkat River into the interior." In the 
same report he gave an account of the drunken riot which occurred on 
July 4, out of which grew the trials and convictions shown in the 
records from the Department of Justice." 

Although tlie civil government was not created till 1884. the United 
States Census Bureau caused an enumeration to be made of the inhabit- 
ants of the Territorv of Alaska in 1880, and in the official report of 
the Tenth Census will be found a detailed enumeration of the various 
Inanches of the Chilkat, Taku, and Stikine tribes, with the location of 
each tribe, as follows: "The Chilkhat tribe, living on Lynn Canal; 
the Takoo tribe, on Takoo River and inlet," and ''the Stakhin tribe, 
on Stakhin River."'' A description of the Thlinkit Indians and 
the habitat especiallv of these three tribes of the Thlinkit famil}' is 
given b}' Dr. Krause, a German traveler and scientist, who published 
in 1885 an account of his Ansit to Alaska.*^ A similar enumeration was 
made in 1890 for the Eleventh Census, which is accompanied with 
fuller details as to the population and industries of these tribes and 
districts.'' 

No provision was made for the registration of lands and mining 
claims until 1885, but previous to that time mining districts were 
organized by the voluntary action of the miners; the country on the 
mainland where gold had ]>een discovered was treated as American 
territory; and l)3'-laws were adopted having in view the application to 
them of the mining laws of the United States, as will be seen b}- the 
by-laws adopted by the Miners' Association of the Taku district in 

"Appendix, pp. 485, 486. <• Appendix, p. 503. 

ft Appendix, p. 489. '^Appendix, pp. 490-491. 



SCHOOLS, CENSUS, MINES, ETC. 101 

1881. " The records of tho United States General Land Office .show 
that location and reoistry of mining claims on L3'nn Canal were made 
the tirst year the o-overnment regulations were issued, and the years 
following that date. It also appears that the year the land office was 
established at Sitka the Presbyterian mission reservation of 640 
acres, allowed by the act of Congress of 188-4, was surveyed and a 
record of it made in that land office. ^ 

The tirst United States post-office established on Lynn Canal was 
opened at Haines, July 22, 1882, and since that date the United States 
mail has continued to be transported through the whole extent of that 
waterwav.'^ 

The review which has thus Ijeen made of the American occupation 
of the lisiere establishes the following facts as to the inlets of the 
ocean penetrating the mainland and of the rivers which cross the 
boundary in their course to the sea. 

At the time of the transfer in 1867 an enumeration of the Indian 
tribes was made, and the Stikines inhabiting the banks of the river of 
that name from its mouth to the Russian monument were claimed as 
within American jurisdiction. They were informed of the transfer, 
and their chief was given an American flag and a certificate of his 
authority. In the census of the Territory of Alaska taken in 1880 and 
again in 18i>0 these Indians were enumerated. The}' were subjected 
to the militarv and judicial authoritv of the United States. The Sti- 
kine River was considered as within the possessions of the United 
States as far as the Russian monuuient. 

Taku Inlet and Taku River for a distance of 30 miles from tide 
water were regarded as American territory, the inhabitants were 
treated by the military and civil authorities as subject to American 
control, and they recognized that authority. 

Lynn Canal, the inlets at its head, the streams which enter them, 
and the Chilkat River for a distance from tide water of 30 miles, ha^'e 
been continuously, since the cession, held to be within the Territory of 
Alaska. At the time of the transfer in 1867, the American flag was 
raised and the subjection of the Indian tribes was demanded and 
given; and from that date there has been an unquestioned exercise of 
American sovereignty, l)y almost ever}- form of administration — mili- 
tary, naval, revenue, judicial, educational, census, land registry, postal. 

"Appendix, p. 494. ?' Appendix, pp. 494-496. 

''Appendix, p. 496. 



102 THE CASE OF THE UNITED STATES. 

And since tlic year 18S<> this exercise of sovereignt}' has l)een attended 
by the development of commercial, industrial, and social enterprises, 
until the district so described has become as much an integral part of 
the United States as any other ]K)rtion of the American domain, 

STATEMENT IN CONCLUSION. 

The United States asserts that the evidence, herewith submitted to 
the Tribunal and reviewed in the foreo-oing statement, establishes the 
following facts: 

(a) That it w^as the intention of the high contracting parties to the 
convention of February 16 28, 1825, to contirni in full sovereignty to 
Russia b\' that instrument a continuous strip or /is/'e/'c of territory 
along the continental shores of the Northwest Coast of America, 
extending from Portland Canal to the 111st meridian of longitude west 
of Greenwich. 

(h) That it was the intention of the high contracting parties that the 
width of such lisiere was to be 10 marine leagues, measured from the 
heads of all gulfs, bays, inlets, and arms of the sea — that is, from tide 
water — imless within that distance from tide water there was wholl}" 
or in part a continuous range of mountains lying parallel to the sinu- 
osities of the coast and extending from Portland Canal to the 111st 
meridian of longitude west of Greenwich, in which latter case the 
summit of such range was to form the boundary. 

(c) That the meaning of the treaty conforms to the intention of the 
high contracting parties as above stated. 

{d) That the acts of Great Britain and Russia subsequent to the 
signature of the treaty, and the universal interpretation given to its 
delimiting articles by governments, geographers, cartographers, and 
historians of those and other civilized nations, agree with and contirm 
the intention and meaning as above stated. 

{e) That the United States purchased the territory from Russia, 
relying upon such interpretation of the treaty. 

(_/) That the purchase was open and notorious to the world for the 
period of one year before the purchase price stipulated in the treaty 
was paid l)y the United States to Russia; and that neither during that 
period nor within thirty years thereafter did Great Britain give notice 
to the United States that she claimed any portion of the territory 
then ceded by Russia. 

{(/) That the United States entered into possession of and occupied 



STATEMENT IN CONCLUSION. 103 

the JlsJere as above described, exercised sovereign rights therein, and 
treated the same at all times as a part of its national domain; and to 
such occupation and exercise of governmental authority Great Britain 
entered no protest or objection. 

{h) That the Ignited States, from the time of the cession from Rus- 
sia, has remained in continuous and undisturbed possession of the ter- 
ritory- ceded to it. 

(/) That the beginning of the southern boundary between the British 
and Russian possessions was Cape Muzon, which at the time of the 
negotiation of the treaty of 1825, and long after, was believed to be 
one of the southern points of Prince of Wales Island, and so appeared 
upon the maps and charts of the period. 

(/) That Portland Channel was the body of water novv commonh^ 
known and descril)ed as Portland Canal. 

(Z) That there is not at any point within 10 marine leagues of tide 
water, between the head of Portland Canal and the 141st degree of 
longitude west of Greenwich, the whole or any part of a continuous 
range of mountains parallel with the sinuosities of the coast and extend- 
ing from Portland Canal to the said 111st degree of longitude; and 
therefore the width of the llslere^ above described, is not limited h\ a 
boundary line along the summit of such range, but solely by the agreed 
distance of 10 marine leagues from tide water. 

(/) That the boundary line, determined b}" the treaty of 1825, began 
at Cape Muzon and ran thence in an easterl}' direction to the entrance 
to Portland Canal Ijetween Wales and Compton islands; thence north- 
easterly along the center of Portland Canal to a point equidistant from 
Pearse Island and Ramsden Point; thence northerly along the center 
of Portland Canal until the line touched the mainland at the head of 
Portland Canal; thence upon the same course continued to the 56th 
parallel of north latitude; thence northwesterh^, always 10 marine 
leagues from tide water, around the head of Lynn Canal; thence west- 
erly, still following the sinuosities of the coast at a distance therefrom 
of 10 marine leagues, until the line intersected the 111st meridian of 
longitude west of Greenwich; and thence due north along that 
meridian to the shore of the Arctic Ocean. 



The United State>!, upon the facts established by the evidence here- 
with submitted, claims that the questions referred for decision to the 



104 THE CASE OF THE UNITED STATES. 

Tribunal, as set forth in Article TV of the treaty, should 1)6 answered 
and decided as hereinafter stated: and it therefore recites such ques- 
tions and makes specific request as to each, as follows: 

1. W/tat is hit ended as the point of commencement of the line? 

The United States requests the Tribunal to answer and decide that 
Cape Muzon is the point of coninienceinent al)Ove mentioned. 

2. AVliat channel is the Portland Channel? 

The United States recjuests the Tribunal to answer and decide that 
Portland Channel is the same body of water now commonly known 
and described as Portland Canal, which, passing from the north 
between Ramsden Point on the mainland and Pearse Island, and thence 
southward of said island and Wales Island, enters Dixon Entrance 
])etween the island last mentioned and Compton Island. 

■J. What coarse shoidd the line take from the jwint of coninienceinent 
to the entrance to P<n't1and Channel? 

The United States requests the Tri])unal to answer and decide that 
the line from Cape Muzon should l)e drawn in an easterly dii'ection 
until it intersects the center of Portland Channel at its opening- into 
Dixon Entrance. 

^. To I'diat 2>oint of the 56th parallel istJie line to he dravm from 
the head of the Portland Channel^ and udtat course shonld it foUoio 
hetween th ese 2>o in ts? 

The United States requests the Tril)wnal to answer and decide that 
the line should be drawn from the head of Portland Channel north- 
easterly along the same course on which said line touches the mainland 
at the head of Portland Channel until it intersects the 56th parallel 
of north latitude. 

■ >. In. extending the line of demarcation north irard from mid point 
on the pa rail eJ of the 56th degree of North latitude^ folhnriiuj the crest 
of the nioiintains situated parallel to the coast until its intersect icm icith 
tJie lJf.lst degree of lo)igitude'ii)est of Greemvich^ sid)ject to the condition 
that if such line shoidd anywhere exceed the distance of ten nuirine 
leagues from the ocean^ then tJie Ixnnidari/ hetween the Britis^h and the 
Russian territorxj should he formed hy a line pxirallel to the sinuosities 
of the coast and distant therefrom not more than ten marine leagues^ 
VMS it the intention and meaning cf said convention of 1S25 that there 
shoidd remain in the exclusive possession of Pussia a continmms fringe 



STATEMENT IN CONCLUSION. 105 

or strq> of coad on the mainland^ not exceeding ten marine leagues in 
tcidth, separating the British Possessions from the bays, 2^orts^ inlets^ 
havens, and^ waters of the ocean, and extending from the said j^oint on 
the 56th degree of latitude north to a j>oint vjhere such line of demarca- 
tion should intersect the IJi^lst degree of longitude west of the meridian 
of Greenvyichf 

The United States requests the Tribunal to answer and decide that 
it was the intention and meaning- of said convention of 1825 that there 
should remain in the exclusive possession of Russia a continuous 
fringe or strip of coast on the mainland not exceeding ten marine 
leagues in width, separating the British possessions from the bays, 
ports, inlets, havens, and waters of the ocean, and extending from the 
said point on the 5()th degree of latitude north to a point where such 
line of demarcation should intersect the 111st degree of lono-itude west 
of the meridian of Greenwich. 

6. If the foregoing quesfion should he answered in the negative, and 
rn the event of the summit of sue Ji mountains jjroving to he in places 
more than ten marine leagues from the coast, should the width of the 
lisih'e lohich tvas to helong to Russia he measured {T) from the mainland 
coast of the ocean, strictly so-ccdled, cdong a line per pendicidar therreto, 
or {2) was it the intention and meaning of the said convention that v^here 
the mainland coast is indentedhy deep inlets, forming part of the terri- 
torial waters of Hussia, the width of the lisiere loas to he measured (a) 
from the line of the general direction of the mainland coast, or (h) from 
the line separating the waters of the ocean from the territorial waters 
of Russia, or {c) from the heads of the aforesaid inlets? 

The United States, insisting that the fifth question should be 
answered in the affirmative, as above requested, therefore submits that 
an answer to the sixth question is unnecessar}'. But if the Tribunal 
should decide otherwise and answer the fifth question in the negative, 
then the United States, without waiving the request made as to the 
answer and decision of the fifth question, requests the Tribunal to 
answer and decide that in the event of the summit of such mountains 
proving to be more than ten marine leagues from the coast, the width 
of the lisiere, which was to belong to Russia, should not be measured 
from the mainland coast of the ocean, strictly so-called, along a line 
perpendicular thereto; but that it was the intention and meaning of 



106 THE CASE OF THE UNITED STATES. 

the said convention that where the mainland coast is indented by 
deep inlets, forming part of the territorial waters of Russia, the width 
of the Uslere was to be measured from the heads of such inlets. 

7. ^Yhat^ if o.ny exist^ are the mountains 7'ef erred to as situated paral- 
lel to the coast, ichich onountains, lohen within ten marine leagues from 
the coast^ are declared to form the (-astern Ixmndary? 

The United States requests the Tribunal to answer and decide that 
such mountains do not exist within ten marine leagues from the coast. 



ALASKAN BOUNDARY TRIBUNAL 



APPENDIX 



TO THE 



CASE OF THE UNITED STATES 



BEFORE THE 



TRIBUNAL CONVENED AT LONDON 



UNDER THE 



PROVISIONS OF THE TREATY BETWEEN THE UNITED 

STATES OF AMERICA AND GREAT BRITAIN 

CONCLUDED JANUARY 24, 1!)()3. 



WASHINGTON. 

GOVFRNMENT PRIXTING OFFICE. 

1 bos. 



CONTENTS OF THE APPENDIX. 



Page. 

Treaties: 

United States and Great Britain, January 24, 1903 1 

United States and Russia, April 5/17, 1824 8 

Great Britain and Russia, February 16/28, 1825 12 

Great Britain and Russia, 1843 (extract) 17 

Great Britain and Russia, 1859 (extract) 17 

United States and Russia, March 30, 1867 17 

Imperial Russian ukases: 

July 8, 1 799 ; 23 

Septeml)er 4, 1821 25 

September 13, 1821 26 

March 29, 1829 28 

October 10, 1844 29 

Diplomatic correspondence: 

Relating to treaty of 1824 between the United States and Russia 31 

Relating to treat}' of 1825 between Great Britain and Russia 94 

Papers relating to a renewal of the trading privilege granted to the United 

States by the treaty of 1824 232 

Notice issued by the United States in 1845 250 

Papers relating to Russian occupation up to the cession to the United States 

in 1867 251 

Papers relating to the cession and transfer of Alaska to the United States in 

1867 324 

Papers relating to American occupatii m : 

The occupation bj- the army 345 

The occupation by the navy 361 

Jurisdiction exercised by judicial authorities 407 

Authority exercised by revenue officers 447 

Schools, census, mines, and control of Indians _ 479 

Post-offices in Southeastern Alaska 496 

Visit of Secretary Seward to A laska 497 

The Thlinkit Indians 501 

Appropriation for cession of Alaska 509 

Provisions relating to the unorganized Territory .-. 509 

Geographical and topographical information relative to southeastern Alaska: 

Maps and charts 511 

Miscellaneous 521 

Miscellaneous documents, etc 539 

III 



TREATIES. 



CONVENTION BETWEEN THE UNITED STATES AND GREAT 
BRITAIN PROVIDING FOR THE SETTLEMENT OF QUESTIONS 
BETWEEN THE TWO COUNTRIES WITH RESPECT TO THE 
BOUNDARY LINE BETWEEN THE TERRITORY OF ALASKA 
AND THE BRITISH POSSESSIONS IN NORTH AMERICA. 

[Signed at Washington January 24, 1903. Ratification advised by the Senate February 11,1903. 
Ratified by the President February 24, 1903. Ratified by Great Britain February 16, 1903. Ratifica- 
tions exchanged at Washington March 3, 1903. Proclaiimed March 3, 1903.] 

By the President of the United States of America. 
A PROCLAMATION. 

Whereas a Convention between the United States of America and 
Great Britain providing for the settlement of questions between the 
two countries with respect to the boundary line between the territory 
of Alaska and the British possessions in North America, was concluded 
and signed by their respective Plenipotentiaries at Washhigton, on 
the twenty-fourth day of January, one thousand nine hundred and 
three, the original of wdiich Convention is word for word as follows: 

The United States of America and His Majesty Edward the Seventh, 
of the United Kingdom of Great Britain and Ireland, and of the British 
Dominions beyond the Seas, King, and Emperor of India, equally 
desirous for the friendly and final adjustment of the differences which 
exist between them in respect to the true meaning and application of 
certain clauses of the convention between Great Britain and Russia, 
signed under date of February 28/16, A. D. 1825, which clauses 
relate to the delimitation of the boundary line between the territory of 
Alaska, now a posses.sion of the United States, and the British posses- 
sions in North America, have resolved to provide for the submission 
of the questions as hereinafter stated to a tribunal, and to that end 
have appointed their respective plenipotentiaries as follows: 

The President of the United States of America, John Hay, Secre- 
tary of State of the United States; and 

His Britannic Majesty, the Right Honorable Sir Michael H. Her- 
bert, K. C. M. G., C. B.,'His Britannic Majesty's Ambassador Extraor- 
dinary and Plenipotentiary; 

Who, after an exchange of their full powers which were found to 
be in good and due form, have agreed upon the following articles: 

Article I. 

A tribunal shall be immediately appointed to consider and decide 
the questions set forth in Article IV of this convention. The tribunal 

21528—03 8 1 



2 TEEATIES. 

shall consist of six impartial jurists of repute who shall consider judi- 
cially the questions submitted to them, each of whom shall first sub- 
scribe an" oath that he will impartially consider the arguments and 
evidence presented to the tribunal and will decide thereupon according- 
to his true judgment. Three members of the tri])unal shall be 
appointed by the President of the United States, and three by His 
Britannic ]Majest3\ All questions considered by the tribunal, includ- 
ing the final award, shall be decided by a majority of all the members 
thereof. 

In case of the refusal to act, or of the death, incapacity or absten- 
tion from service of any of the persons so appointed, another impar- 
tial jui'ist of repute shall be forthwith appointed in his place b}- the 
same authority which appointed his predecessor. 

The tribunal may appoint a secretary and a bailiti' to perform such 
duties as they may prescribe, and ma}' employ scientific experts if 
found to be necessary, and mav fix a reasonable compensation for 
such officers. The ti'ibunal shall keep an accurate record of all its 
proceedings. 

Each of the High Contracting Parties shall make compensation for 
the services of the members of the tribunal of its own appointment 
and of any agent, counsel, or other person employed in its behalf, 
and shall pav all costs incurred in the preparation of its case. All 
expenses reasonably incurred by the tribunal in the performance 
of its duties shall ))e paid by the respective governments in equal 
moieties. 

The triliunal mav, subject to the provisions of this convention, 
establish all proper rules for the regulation of its proceedings. 

Article II. 

Each of the High Contracting Parties shall also name one person to 
attend the tribunal as its agent. 

The written or printed case of each of the two parties, accompanied 
by the documents, the official correspondence and all other evidence 
in writing or print on which each party relies, shall be delivered in 
duplicate to each member of the tribunal and to the agent of the other 
party as soon as raa}^ be after the organization of the tribunal, but 
within a period not exceeding two months from the date of the 
exchange of ratifications of this convention. 

Within two months after the delivery on both sides of the written 
or printed case, either party may, in like manner, deliver in duplicate 
to each meml)er of the tribunal, and to the agent of the other party, 
a counter-case and additional documents, correspondence and evidence 
in reply to the case, documents, correspondence and evidence so pre- 
sented l)y the other party. The tribunal may, however, extend this 
last mentioned period when in their judgment it becomes necessary b}^ 
reason of special dilliculties which may arise in the procuring of such 
additional papers and evidence. 

If in the case submitted to the tribunal either party shall have speci- 
fied or referred to any report or document in its own exclusive pos- 
session without annexing a copy, such party shall be bound, if the 
other party shall dtMuand it, within thirty days after the delivery of 
the case, to furnish to the party applj'ing for it a duly certified copy 



BOUNDARY TREATY OF 1903. 6 

thereof; and either party may <'all upon the other, through the tri- 
bunal, to produce the orit>inal or certilied copies of any papers adduced 
as evidence, g'iving' in eacli instance such reasonable notice as the tri- 
bunal may require; and the original or copy so requested shall be 
delivered as soon as may be and within a period not exceeding forty 
days after receipt of notice. 

Each party may present to the tribunal all pertinent evidence, docu- 
mentary, historical, geographical, or topographical, including maps 
and charts, in its possession or control and applicable to the rightful 
decision of the questions submitted; and if it appears to the tribunal 
that there is e^•idence pertinent to the case in the i)ossession of either 
party, and which has not been produced, the tribunal may in its dis- 
cretion order the production of the same by the party having control 
thereof. 

It shall be the duty of each party through its agent or counsel, 
within two months from the expiration of the time limited for the 
delivery of the counter-case on both sides, to deliver in duplicate to 
each member of the said tribunal and to the agent of the other party 
a written or printed argument showing the points and referring to the 
evidence upon which his Government relies, and either party may 
also support the same before the tribunal by oral argument of coun- 
sel. The tribunal may, if they shall deem further elucidation with 
regard to any point necessar}^, require from either party a written, 
printed, or oral statement or argument upon the point; but in such 
case the other part}^ shall have the right to reply thereto. 

Article III. 

It is agreed by the High Contracting Parties that the tribunal shall 
consider in the settlement of the questions submitted to its decision 
the Treaties respectively concluded between His Britannic Majesty 
and the Emperor of All the Russias under date of 28 16 February, 
A. D. 1825, and between the United States of America and the Em- 
peror of All the Russias concluded under date of March 30' 18, A. D. 
1867; and particularly the Articles III, IV, V, of the lirst mentioned 
treat3% which in the original text are word for word as follows: 

''La ligne de demarcation entre les Possessions des Hautes Parties 
Contractantes sur la Cote du Continent et les lies de I'Amerique Nord- 
Ouest, sera tracee ainsi qu'il suit: 

"A partir du Point le plus meridional de I'lle dite Prince of AVales^ 
lequel Point se trouve sous la parallele du 54me degre -10 minutes de 
latitude Nord, et entre le 131me et 133me degre- de longitude Ouest 
(Meridien de Greenwich), la dite ligne remontera au Nord le long de 
la passe dite Portland Channel, jusqu'au Point de la terre ferme oii 
elle atteint le 56me degre latitude Nord; de ce dernier point la ligne 
de demarcation suivra la crete des montagnes situees parallelement a 
la Cote, jusqu'au point d'intersection du llrlme degre de longitude 
Ouest (meme Meridien; et linalement, du dit point d'intersection, la 
meme ligne meridienne du lilme degre formera, dans son prolonge- 
ment jusqu'a la Mer Glaciale, la limite entre les Possessions Russes et 
Britanniques sur le Continent de I'Amerique Nord-Ouest." 



4 TREATIES. 

IV. 

"II est entendu. par I'apport Ti la ligne de demarcation determines 
dans I'ArtioIe precedent; 

"l. Que risle dite rrhice of ^Vales appartiendra toute entiere a la 
Russie. . 

''2. Que partoute ou la crete des montagne.s qui s'etendent dans une 
direction parallele ii la Cote depuis le oOme degre de latitude Nord au 
point dMntersection du 1-ilme degre de longitude Quest, se trouveroit 
a la distance de plus de dix lieues marines de TOcean, la limite entre 
les Possessions Britanniques et la lisiere de Cote mentionnee ci-dessus 
conime devant appartenir ii la Ilussie, sera formee par une ligne paral- 
lele aux sinuosites de la Cote, et qui ne pourra jamais en etre eloi- 
gnee que de dix lieues marines." 

V. 

"II est convenu en outre, que nul Etablissement ne sera forme par 
Tune des deux Parties dans les limites que les deux Articles precedens 
assignent aux Possessions de TAutre. En consequence, les Sujets Bri- 
tanniques ne formeront aucun Etablissement soit sur la Cote, soit sur 
la lisiere de terre ferme comprise dans les limites des Possessions 
Russes, telles qu'elles sont designees dans les deux Articles precedens; 
et, de meme, nul Etablissement ne sera forme par des Sujets Russes 
au dela des dites limites." 

The tribunal shall also take into consideration any action of the sev- 
eral governments or of their respective representatives preliminarj^ or 
subsequent to the conclusion of said treaties so far as the same tends 
to show the original and effective understanding of the parties in respect 
to the limits of their several territorial jurisdictions under and by virtue 
of the provisions of said treaties. 

Article IV. 

Referring to Articles III, IV, and V of the said treaty of 1825 the 
said tribunal shall answer and decide the following questions: — 

1. What is intended as the point of commencement of the line? 

2. What channel is the Portland Channel? 

3. What course should the line take from the point of commence- 
ment to the entrance to Portland Channel { 

-t. To what point on the StJth parallel is the line to be drawn from 
the head of the Portland Channel, and what course should it follow 
iDetween these points? 

5. In extending the line of demarcation northward from said point 
on the parallel of the 56th degree of North latitude, following the crest 
of the mountains situated parallel to the coast until its intersection 
with the 141st degree of longitude west of Greenwich. su))ject to the 
condition that if such line should anywhere exceed the distance of ten 
marine leagues from the ocean then the boundary ])etwcen the British 
and the Russian territory should ])e formed by a line parallel to the 
sinuosities of the coast and distant therefrom not more than ten marine 
leagues, was it the intention and meaning of said convention of 1825 
that there should remain in the exclusive possession of Russia a con- 



BOUNDARY TREATY OF 1903. 5 

tiniious fringe or strip of coast on the mainland, not exceeding ten 
marine leagues in width, separating the British Possessions from the 
ba_ys, ports, inlets, havens, and Avaters of the ocean, and extending 
from the said point on the 5()th degree of latitude north to a point 
where such line of demarcation should intersect the IJ-lst degree of 
longitude w'est of the jNIeridian of (ireenwich; 

6. If the foi'egoing question should be answered in the negative, and 
in the event of the summit of such mountains proving to be in places 
more than ten marine leagues from the coast, should the width of the 
lisiere which was to belong to Russia be measured (1) from the main- 
land coast of the ocean, strictly so-called, along a line perpendicular 
thereto, or (2) was it the intention and meaning of the said convention 
that where the mainland coast is indented by deep inlets, forming part 
of the territorial waters of Russia, the width of the lisiere was to be 
measured (a) from the line of the general direction of the mainland 
coast, or (b) from the line separating the waters of the ocean from 
the territorial waters of Russia, or (c) from the heads of the aforesaid 
inlets '( 

7. What, if any exist, are the mountains referred to as situated 
parallel to the coast, which mountains, when within ten marine leagues 
from the coast, are declared to form the eastern boundarj^? 

Article V. 

The tribunal shall assemble for their first meeting at London as soon 
as practicable after receiving their commissions; and shall themselves 
fix the times and places of all subsequent meetings. 

The decision of the tri})unal shall be made as soon as possible after 
the conclusion of the arguments in the case, and within three months 
thereafter, unless the President of the United States and His Britannic 
Majesty shall l)v common accord extend the time therefor. The deci- 
sion shall be made in writing, and dated, and shall be sie^ned by the 
members of the tri))unal assenting to the same. It shall be signed in 
duplicate, one copy whereof shall be given to the agent of the United 
States of America for his government, and the other to the agent of 
His Britannic Majestj" for his government. 

Article VI. 

When the High Contracting Parties shall have received the decision 
of the tribunal upon the questions submitted as provided in the fore- 
going articles, which decision shall be final and binding upon all parties, 
they will at once appoint, each on its own behalf, one or more scientific 
experts who shall with all convenient speed proceed together to lay 
down the boundary line, in conformity with such decision. 

Should there be, unfortunately, a failure by a majority of the tri- 
bunal to agree upon any of the points submitted for their decision, it 
shall be their duty to so report in writing to the respective govern- 
ments through their respective agents. Should there be an agreement 
by a majority upon a part of the (juestions submitted, it shall l)e their 
duty to sign and report their decision upon the points of such agree- 
ment in the manner hereinbefore prescribed. 



6 TREATIES. 

Article VII. 

The present Convention shall be ratilied b}' the President of the 
United States, b}- and with the advice and consent of the Senate, and 
by His Britannic Majesty, and the ratitications shall be exchanged in 
Washington or in London so soon as the same may l)e etf'ected. 

In faith whereof we, the respective plenipotentiaries, have signed 
this Convention and have hereunto affixed our seals. 

Done at Washington, in duplicate, this 24th dav of Januarv, A. D. 
1903. 

John Hay [seal.] 

Michael H. Herbert [seal.] 

And whereas the said Convention has been duly ratified on both 
parts, and the ratifications of the two governments were exchanged in 
the City of Washington, on the third day of March, one thousand nine 
hundred and three; 

Now, therefore, be it known that I, Theodore Roosevelt, Presi- 
dent of the United States of America, have caused the said Convention 
to be made public, to the end that the same and every article and clause 
thereof, may be observed and fulfilled with good faith by the United 
States and the citizens thereof. 

In testimony whereof, I have hereunto set m}^ hand and caused the 
Seal of the United States of America to be affixed. 

Done at the City of Washington, this third day of March, in the 
year of our Lord one thousand nine hundred and three, and 
[seal] of the Independence of the United States the one- hundred 
and twenty-seventh. 

Theodore Roosevelt 
By the President: 
John Hay, 

Secretary of State. 

translation of the passages in the FRENCH LANGUAGE CONTAINED 
IN ARTICLE III OF THE CONVENTION BETWEEN THE UNITED STATES 
AND GREAT BRITAIN, SIGNED JANUARY 24, 19(»3, SUBMITTED TO THE 
SENATE OF THE UNITED STATES BEFORE RATIFICATION. 

The line of demarcation between the possessions of the high con- 
tracting parties upon the coast of the continent and the islands of the 
Northwest America shall be traced as follows: 

Starting from the southernmost point of the island called Prince of 
Wales, which point is situated on the parallel of .54 degrees 40 minutes 
of north latitude and between the 13 1st and I33d degree of west longi- 
tude (meridian of (xrcenwich), the said line shall ascend northward 
along the passage calUnl Portland Channel as far as the point of the 
mainland, where it [the line] « reaches the o6th degree of north latitude; 
from this hitter ])oint the line of demarcation shall follow the crest of 
the mountains situated parallel to the coast as far as the point of inter- 
section of the 141st degree of west longitude (same meridian); and 

« French die, the governing antecedent being la ligne, which is the subject of the 
sentence. If reference to la pafti^e, which is a detail of the sentence, had been intended, 
Frencli grammatical nsage would have required its express designation as celle-ci — 
the latter. 



BOUNDARY TREATY OF 1903. 7 

finally, from .said ])()iiit of intor^oction the same meridian line of the 
l-tlst deg-ree shall form, in its extension as far as the Arctic Ocean," the 
boundary between the Russian and British possessions upon the conti- 
nent of Northwest America. 

IV. 

It is understood with regard to the line of demarcation fixed in the 
preceding- article — 

1. That the island called l*r!nee of Wales shall belong wholly to 
Russia. 

2. That wherever the crest of the mountains which stretch in a direc- 
tion parallel to the coast from the 56th degree of north latitude to 
the point of intersection of the lilst degree of west longitude may 
lie at the distance of more than ten marine leagues from the ocean the 
boundary between the British possessions and the coast strip ^' men- 
tioned above as having to belong to Russia shall be formed l)y a line 
parallel to the sinuosities of the coast, and which can in no case be 
more distant therefrom than ten leagues. 

V. 

It is moreover agreed that no estal)lishment shall be formed by 
either of the two parties within the limits w^hich the two preceding- 
articles assign to the possessions of the other. Consequently British 
sul)jects shall not form any establishment either upon the coast or 
upon the mainland strips comprised within the limits of the Russian 
possessions as thej- are designated in the two preceding articles, and 
in like wise no establishment shall be formed b}' the Russian subjects 
beyond the said limits. 

LITERAL TRANSLATION OF ARTICLES III AND IV OF THE RUSSIAN TEXT 
OF THE TREATY BETWEEN GREAT BRITAIN AND RUSSIA OF FEBRUARY 
28 16, 1825, AS CERTIFIED BY THE RUSSIAN FOREIGN OFFICE.'' 

III. The line of limit-separation between the possessions of the High 
negotiating sides upon the shore of solid land and upon the islands of 
Northwest America shall be drawn out in the following manner: 

Beginning from the ver}- southern part of the island, named Prince 
of TFr/A'.v, which point finds itself under 51 degree 40 minutes of north 
latitude and between 131 and 133 degree of west longitude (counting 
from Greenwich meridian), the above-mentioned line stretches itself 
through to the north lengthwise by the inlet, called Portland Canal up 
to that point of solid land where she [the line, not the inletj touches 
the 56 degree of north latitude. Thence the line of limit-separation 
shall follow the backbone of the mountains spread out in a parallel 
direction with the shore up to the point of cutting across upon the 111 

« French, mer glaciale — frozen ocean. 

f' In French, la Usiere de cote. The word ''lisiere" means Uterally ''selvedge," 
and by use any border or edging strip. 

'■ In French, la lisiere de terre ferme, lisiere de cote. In both these phrases the 
qualitication of lisiere is adjectival, not particular, as treated in the English transla- 
tion of 1825. They mean "coastwise strip" or "coast strip" and "mainland strip," 
respectively, not "line of the coast" or "lisiere of the continent," as translated by 
the British foreign office. 

'f The Russian text, of which the above is a translation, will be found facing page 8. 



8 TREATIES. 

degree of west longitude (from the same meridian), and, finally, from 
this point of cutting-across the same meridinal line of 1-11 degree com- 
poses in its continuation up to the Frozen sea, the boundary between 
the Russian and of Great Britain possessions on the solid land of 
Northwest America. 

IV. In rehition to the line of limit-separation, defined in the preced- 
ing article, it is understood: 

1. That the island, named Fi'ince of Wales^ shall belong to Russia 
entire without exception. 

2. That everywhere, where the backbone of the mountains stretches 
out in a parallel direction with the shore from 56 degree of north 
latitude up to the point of cutting-across under 141 degree of west 
longitude, shall stand awa}^ farther than ten marine miles from the 
Ocean the boundary between the Great Britain possessions and the 
above-designated shore as being necessary to belong to Russia, shall ))e 
drawn out by a parallel line with the crookedness (KpuBnoHaMn) of the 
shore and cannot go farther than ten naval miles from it. 



TREATY BETWEEN THE UNITED STATES AND RUSSIA RELATIVE 
TO NAVIGATION, FISHING, AND TRADING IN THE PACIFIC 
OCEAN AND TO ESTABLISHMENTS ON THE NORTHWEST COAST, 
CONCLUDED APRIL 5 17, 1824 

Au Nom de la tres Sainte et Indivisible Trinite: 

Le President des Etats-Unis d'Amerique, et Sa Majeste TEmpereur 
de toutes les Russies, voulant cimenter les liens d'amaitie qui les unis- 
sent et assurer entre eux le maintien invariable d'un parfait accord, 
moyennant la presente Convention, ont nomme pour Leurs Plenipoten- 
tiaiVes a cet etfet, savoir: le President des Etats-Unis d'Amerique, le 
Sieur Henry Middleton, Citoyen des dits Etats, et Leur Envoye Ex- 
traordinaire et Ministre Plenipotentiaire pres Sa Majeste Imperiale: et 
Sa Majeste TEmpcreur de toutes les Russies, Ses ames et feaux les 
Sieurs Charles Robert Compte de Nesselrode, Conseiller Prive actuel, 
Membre du Conseil d'Etat, Secretaire d'P^tat Dirigeant le Ministere des 
atiaires etrangeres, Chambellan actuel, Chevalier de Tordre de St. Alex- 
andre Nevsky, (irand Croix de Tordre de St. Wladmir de la 1"^ classe, 
Chevalier de celui de Faigle blanc de Pologne, Grand Croix de Tordre 
de St. Etienne de Hongrie, Chevalier des ordres du St. Esprit et de St. 
Michel et Grand Croix de celui de la Legion d'Honneur de France, 
Chevalier (xrand Croix des ordes de TAigle noir et de TAigle rouge de 
Prusse. de TAnnonciadc de Sardaigne, de Charles III d'Espagne, de 
St. Ferdinand et du merite de Naples, de TElephat de Danemarc, de 
TEtoile Polaire de Suede, de la Couronne de Wurtemberg, des Guelphes 
de Hanovre, du Lion Beige, de la Fidelite de Bade, et de St. Constantin 
de Panne, et Pierre de Poletica. Conseiller d'Etat actuel. Chevalier de 
Fordre de Ste. Anne de la V classe, et (irand Croix de Tordre de St. 
Wladmir de la seconde; lesqucls apres avoir (k'hange leurs pleins-pou- 
voirs, trouves en ))oinie et due forme, ont arrete et signe les stipula- 
tions suivantes. 

Aeticle Premier. 

II est conyenu (jue dans aucune partic du Grand Ocean, appele com- 
ic on Mcr du Sud, les Citoyens ou Sujets re- 



munement Ocean Pacifique 






.^.'B y^ ^ .^ -^ Jjt ^ y 'O^ m • ^-^ .n ^ ^ /•^— s 



z/yi/^ty/j €^c^zc^jOc4/y6 : 

^^^:^^e/ieUiy^/6i/^ 4vyAv//yy^<y /yifYVfa y^yy^^'a^iyyrz^ 

<^^ yzy^^-^ *^ ^/^cy^y^£>a/.'^? y^e^yzy^t/yrry/^^i/^^ 
^/^c^eA/^/fiy ^y ii/zy)/7zyiy^ -<y^- ezyyr^y^y /f/^y ^JJ 
y/ayyy'Oe^y? Jyyyzy/y/^oiy a^y^^yzo? n^^^ /erey/?7yy^^ 
^7rz/6 "^y^t/yy ^zyycc/yaey> eAye/?:^^ayyy/yc/.J ^if^y^ezye^ 
eAaJy^y^y^yy^"^ '^{■/iyrryc yz/^o?7rj^yy/^yrry^sr^ ^^ 
6/^feA?/ -oWoffy^ yzy? '^^A^>iUy/6/ ^^a'J^T^/yy.e.^^^W 
wi/7feT€/yy^^z/i^'y/y. -Ayyy/'y/ey^ ^^ y//79u^ ^rtyfc/^cy^ 
^77ff^yaoiC Jf>^ey^^ /^/^ 7??^^!^ ^y/yy^eyrtT'/^ ^^ 
2/Yy/j07yy/^ ^''/'/^/e/zyyozy /yy^/?y??7z/;y^, tyyrryyyy^^y^ 
vyA/yra y (yj^J//^/ //yy^y /{y^i" /ry7i^ey/'6yy^/77y6 r^y) 
t>Jfey?/rfy /o/y/) ^ r^/706/7r/yy/(yy7)/7'Y/yf2'y.''^^ ^ -71^ 
■A7rtrrtecyr/^77yj,//y^ /Yry/yr/iU'7y/yy^y. e'6 3^eiy>^tyy7^^ 
c/o 77f7)y//i/ yi//6e/yjyyyy/yyi^ y/a /y/ //7r/y>y^j^ 
, ^y/y7c/7?//07/ 77yM^077z/^y /y7/7rYj yrio?yyiry ey^yt/y^ 
^yyyy/yyy^ ■/. y(, yyyyyy7?7yyi/"<!^ y7/7770 (^yzy 77^yf'yA^/^ 




///u^/ii ye/^^/sf ///r/fc^**^ , //^/////^/.r M/'/^/;r ^///^//.'^ 
/fr/(^j4^0P/ Jfef/cf/'6 cyy^/^/io- JavrY/o'/i'^i/- fTn^y^^ 



ic(e/y e/y/rr/ryz^/Y? ^ yzyyj/Ay/y6€yf7e^<i7 .- 

-/.- fyy/o /Jfyye/fo/fy^ zy^fy^^yyi/efZ/y^yiL^ 
i:7//z///y//^6 rj::;^7'/^^^^/ y i/r/f'/ u ///yy/yyyy^?eA^Jy^^yy^yy4^ 
y'T/^yzy/y/, r^yJyry^z oerys /yj'yj y/j6,'^yyyyi^^, ~ 

</ \r ^y / . y 

/iJ7yj^y7r7yJ7y^e/7ry^'yt^ />'6 yzyyAr/ere.yT'ey^/yo^i/*^ 

7yy7yz/7y//cyyy<y7/ y-r^ ry/zyz^^y/'K' yy7^7'z; ,9^ ^^yt 



y/7/-ecy sy/joeAv/T^^y /y/^yA4^//7y:r /7o yyyy^yyfi^ 
^Afcz'dyeyyyjr. y7y>77^ /y/ Z/iy/T^^Z/'oa/yd Jyry/yy^ 
y^Oiy^ 77^^? Z 0777 7^/ ^ TPyy/T'yyro.yyyrZ^ c^^I^y/yty6 <?^. 
t-^//'6(: y/<'7\'/77/7y ty/yy/irA'yyyy'^j ,7'y7Azy^^ yyr7z^ 
L/yier//{r/ r/zy/yy/y/yyy .//a ><>'// ^/^<^/tJ/yv>-^^^i- 
^ji'./7//zo6W7y7/777yyc/f'7/f7y.'/ // 0^77^7^^ oj^yy^^yT/^ 
j7/6/ei/z6 7'^f//e/7>o7/'6 .^T'A/y y/y>r7i^e//ryy7^y/yyj ^ 

zz/7y^7/Vy 7Z/zz//zy/7r^'f7y,7y'z7/y7y: ^i:^07:€yM yz/7y>7^^ 

" y^ c' ^7 

i^&y/ri y/yy>^7'y77'/, y7y//zyy^7,/fry^yy/?777 Y€/zyy7/>7-o 

/'Yj /l/zzr/jr/jz/y/r/y// ^Ae^yx. u y/y e/y/y^^7tr^/ym 



iy.^777z/ 77r/ty7/jy yVyt.yy7r77 . ^x'^c v///^'>^^ *«j^//^^^ 



79y7C'6 y^z/T-Xiyj 



UNITED STATES AND RUSSIA, 1824. 9 

spectifs des hautes Puissances contractantes ne sevont ni troubles, ni 
genes, soit dans la navioation, soit dans Texploitation de la peche, soit 
aans la faculte d'aborder aux cotes sur des points qui ne seroient pas 
deja occupes, atin d\y faire le commerce avec les Indigenes, sauf toute- 
f ois les restrictions et conditions determinees par les articles qui sui vent. 

Article Deuxieme. 

Dans la vue d'empecher que les droits de navigation et de peche 
exerces sur le grand Ocean par les Citovens et Sujets des hautes Puis- 
sances contractantes ne deviennent le pretexte d'un commerce illicite, 
il est convenu que les Cito3'ens des Etats Unis n'aborderont a aucun 
point oil il se trouve un etablissement Russe, sans la permission du 
Gouverneur ou Commandant; et que reciproquement les Sujets Kusses 
ne pourront aborder sans permission a aucun etablissement des Etats- 
Unis sur la Cote nord-ouest. 

Article Troisieme. 

II est convenu en outre, que dorenavant il ne pourra etre forme par 
les Citoyens des Etats-Unis, ou sous Fautorite des dits Etats, aucun 
establissement sur la Cote nord ouest d'Amerique, ni dans aucuue des 
lies adjaeentes mi jYord du cinquante quatrieme degre et quarante mi- 
nutes de latitude septentrionale; et cjue de meme il n'en pourra etre 
forme ancun par des Sujets Russes, ou sous I'autorite de la Russie, mi 
/Sud de la meme parallele. 

Article Quatrieme. 

II est neanmoins entendu que pendant un terme de dix annees a comp- 
ter de la signature de la presente Convention, les Vaisseaux des deux 
Puissances, ou qui appartiendraient a leurs Citoyens ou Sujets respec- 
tifs, pourront reciproquement frequenter sans entrave quelconque, les 
mers interieures, les golfes, havres et criques sur la Cote mentionnee 
dans Tarticle precedent, alin d'\' faire la peche et le commerce avec les 
naturels du paj^s. 

Article Cinquieme. 

Sont toutefois exceptees de ce meme commerce accorde par Particle 
precedent, toutes les liqueurs spiritueuses, les armes a feu, armes 
blances, poudre et munitions de guerre de toute espece, que les deux 
Puissances s'engagent reciproquement a ne pas vendre. ni laisser ven- 
dre aux Indigenes par leurs Citoyens et Sujets respectifs, ni par aucun 
individu qui se trouveroit sous leur autorite. II est egalement stipule 
cpie cette restriction ne pourra jamais servir de pretexte ni etre alle- 
guee dans aucun cas, pour autoriser soit la visite ou la detention des 
Vaisseaux, soit la saisie de la marchandise, soit entin des mesures quel- 
conques de contrainte envers les armateurs ou les equipages qui 
feraient ce commerce; les hautes Puissances contractantes s'etant reci- 
proquement reserve de statuer sur les peines a encourir, et d'infliger 
les amendes encourues en cas de contravention a cet article par leurs 
Citoyens ou Sujets respectifs. 



10 TREATIES. 

Article Sixieme. 

Lorsque cetto Comoiition aura etc duemcnt ratitiee par lo President 
des Etats Uni.s de Favis ct du conseiitement dii Senat. d'une part, et de 
Fautre par Sa Majeste rEinpereiir de toutes les Riussies, les ratilica- 
tions en seront echangees ji AVashington dans le delai de dix mois de la 
date ci-des.sous ou plutot si faire se peut. 

En foi de quoi les Plenipotentiaires respectifs Font signee, et 3' ont. 
fait apposer les cachets de leurs amies. 

Fait it St. Peters1)oiwg le j\ Avril de Fan de grace mil huit cent vingt 
quatre. 

[seal. J Henry Middleton. 

[seal.] Le (,'onite Charles de Nesselrode. 

[seal.] Pierre de Poletica. 

[Tmiislrttion.] 

In the name of the Most Holy and Indivisible Trinity. 

The President of the United States of America and His Majest}' the 
Emperor of all the Russias, wishing to cement the bonds of amity 
which unite them, and to secure between them the invariable mainte- 
nance of a perfect concord. Vjy means of the present convention, have 
named as their Plenipotentiaries to this effect, to wit: 

The President of the United States of America. Henry Middleton, a 
citizen of said States, and their ILnvoy Extraordinarj' and ^Minister 
Plenipotentiary near his Imperial Majesty: and His Majesty the Em- 
peror of all the Russias. his beloved and faithful Charles Rol)ert Count 
of Nesselrode, actual Priv}' Counsellor, Member of the Council of State, 
Secretaiy of State directing the administration of Foreign Affairs, 
actual Chamberlain, Knight of the Order of St. Alexander Nevsk3^ 
Grand Cross of the Order of St. Wladimir of the ffrst class. Knight of 
that of the White Eagle of Poland. Grand Cross of the Order of St. 
Stephen of Hungary, Knight of the Orders of the Holy Ghost and St. 
Michael, and Grand Cross of the Legion of Honor of France, Knight 
Grand Cross of th{> Orders of the Black and of the Red Eagle of Prus- 
sia, of the Annunciation of Sardinia, of Charles HI of Spain, of St. 
Ferdinand and of Merit of Naples, of the Elephant of Denmark, of the 
Polar Star of Sweden, of the Crown of Wiirtemberg. of the Guelphs 
of Hanover, of the Belgic Lion, of Fidelity of Baden, and of St. Con- 
stantine of Parma: and Pierre de Poletica, actual Counsellor of State, 
Knight of the Order of St. Anne of the first class, and Grand Cross of 
the Order of St. ^Vladimir of the second: 

Who. after having exchanged their full powers, found in good and 
due form have agreed upon and signed the following stipulations: 

Article I. 

It is agreed that, in an^ part of the Great Ocean, conmionh^ called 
the Paciffc Ocean, or South Sea. the respective citizens or subjects of 
the high contracting Powers shall be neither disturbed nor restrained, 
either in navigation or in tishing. or in the power of resorting to the 
coasts, upon points which may not already have l)een occupied, for the 
purpose of trading with the natives, saving always the restrictions and 
conditions determined bv the following articles. 



UNITED STATES AND RUSSIA, 1824. 11 

Akth'lk 11. 

^^'ith a \i(nv of provciitinj? the rio-hts of navit>'ation and of tishino- 
exercised upon the (Jreat Ocean by the citizens and subjects of the 
high contracting Powers from beconiing tlie pretext for an illicit trade, 
it is agreed that the citizens of the United States shall not resort to 
any point where there is a Russian establishment, without the permis- 
sion of the governor or commander; and that, reciprocally, the subjects 
of Russia shall not resort, without permission, to any establishment of 
the United States upon the Northwest coast. 

Article 111. 

It is moreover agreed that, hereafter, there shall not be formed by 
the citizens of the United States, or under the authority of the said 
States, any establishment upon the northwest coast of America, nor in 
any of the islands adjacent, to the north of lif ty-four degrees and forty 
minutes of north latitude; and that, in the same manner, there shall 
be none formed by Russian subjects, or under the authorit}' of Russia, 
south of the same parallel. 

Article IV. 

It is, nevertheless, understood that during a term of ten years, count- 
ing from the signature of the present convention, the ships of both 
Powers, or which 1)elongto their citizens or subjects respectiveh', may 
reciprocally frequent, without any hindrance whatever, the interior seas, 
gulfs, harbors, and creeks, upon the coast mentioned in the preceding- 
article, for the purpose of iishing and trading with the natives of the 
countr3\ 

Article V. 

All spirituous liquors, tire-arms, other arms, powder, and munitions 
of war of every kind, are always excepted from this same commerce 
permitted by the preceding article; and the two Powers engage, recip- 
rocall}', neither to sell, nor sutler them to be sold, to the natives by 
their respective citizens and subjects, nor by any person who may be 
under their authority. It is likewise stipulated that this restrictiou 
shall never afford a pretext, nor be advanced, in any case, to authorize 
either search or detention of the vessels, seizure of the merchandise, or, 
in tine, any measures of constraint whatever towards the merchants or 
the crews who may carry on this commerce: the high contracting 
Powers reciprocally reserving to themselves to determine upon the pen- 
alties to be incurred, and to inflict the punishments in case of the con- 
travention of this article by their respective citizens or subjects. 

Article VI. 

When this convention shall have been duly ratified b}^ the President 
of the United States, with the advice and consent of the Senate, on the 
one part, and, on the other, by His Majesty the Emperor of all the Rus- 
sias, the ratifications shall be exchanged at Washington in the space of 
ten months from the date below, or sooner if possible. 



12 TKEATIES. 

In faith whei'eof the respective Plenipotentiaries have signed this 
convention, and thereto affixed the seals of their arms. 

Done at St. Petersburg the 17 5 April, of the 3'ear of Grace one 
thousand eight hundred and twenty-four. 

[seal.] Henry Middleton. 

[seal,] Le Comte Charles de Nesselrode. 

[seal.] Pierre de Poletica. 



TREATY BETWEEN GREAT BRITAIN AND RUSSIA, SIGNED AT 
ST. PETERSBURG FEBRUARY 16/28, 1825. 

Au Nom de la Tres Sainte et Indivisible Trinite. 

Sa Majeste le Roi du Royaume Uni de la Grande Bretagne et de 
rirlande, et Sa Majeste TEmpereur de toutes les Russies, desirant res- 
serrer les liens de bonne intelligence et d'amitie qui les unissent, au 
moven d'un accord qui reglerait; d'apres le principe des convenances 
reciproques, divers points relatifs au Commerce, a la Navigation, etaux 
Pecheries de leurs Sujets sur I'Ocean Pacitique, ainsi que les limites 
de leurs Possessions respectives sur la Cote Nord-ouest de I'Amerique, 
out nomme des Plenipotentiaires pour conclure une Convention a cet 
effet, savoir;— Sa Majeste le Roi du Royaume Uni de La Grande Bre- 
tagne et de rirlande, le Tres Honorable Stratford Canning, Conseiller 
de Sa dite Majeste en Son Conseil Prive, c*cc. Et Sa Majeste TEmpe- 
reur de toutes les Russies, le Sieur Charles Robert Comte de Nessel- 
rode, Son Conseiller Prive actuel, Membre du Conseil de TEmpire, Se- 
cretaire d'Etat dirigeant le Ministere des Affaires Etrangeres, &c. ; et le 
Sieur Pierre de Poletica, Son Conseiller d'Etat actuel, &c. Lesquels 
Plenipotentiaires, apress'etre connuunique leurs Plein-pouvoirs respec- 
tifs, trouves en bonne et due forme, ont arrete et signe les Articles 
suivans: — 

I. II est convenu que dans aucune partie du Grand Ocean, appele 
communement Ocean Pacilique, les Sujets respectifs des Hautes Puis- 
sances Contractantes ne seront ni trouljles, ni genes, soit dans la naviga- 
tion, soit dans Texploitation de la peche, soit dans la faculte d'aborder 
aux Cotes, sur des Points qui ne seraient pas deja occupes, atin d'y 
faire le commerce avec les Indigenes, sauf toutefois les restrictions et 
conditions determinees par les Articles qui suivent. 

II. Dans la vue d'cmpecher que les droits de navigation et de peche 
exerces sur le Grand Ocean par les Sujets des Hautes Parties Con- 
tractantes, ne deviennent le pretexte d'un conmierce illicite, il est con- 
venu que les Sujets de Sa Majeste Britannique n''al)orderont Ti aucun 
Point ou il se trouve un Etablissement Russe, sans la permission du 
Gouverneur ou Conunandant, et que, reciproquement, les Sujets Russes 
ne pourront aborder, sans permission, a aucun Etablissement Bri- 
tannique, sur la Cote Nord-ouest. 

III. La ligne de demarcation entre les Possessions des Hautes Par- 
ties Contractantes sur la Cote du Continent et les lies de TAmerique 
Nord-ouest, sera tracce ainsi quMl suit: — 

A partir du Point le plus meridional de Tile dite Prince of Wales, 
leciuel Point se trouve sous la parallMe du ol'"" degre 10 minutes de 
latitude Nord, et entre le 181""' et le IBS""" degre de longitude Ouest 



GREAT BRITAIN AND RUSSIA, 1825. 13 

(]\leridien de Greenwich), la dite ligne remontera au Nord de long de la 
passe dite Portland Channel, ju.squ'au Point de la terre fernie on elle 
atteint le 56'""" deo-re de latitude Nord: de ce dernier point la ligne de 
demarcation suivra la crete des montagnes situees i)arallMenient a la 
Cote, jus(|irau point d'intersection du 111™'* degre de longitude Guest 
(meme Meridien); et, tinalement, du dit point d'intersection, la meme 
ligne meridienne du l-tl'"*^ degre formera, dans son prolongenient jusqu'a 
la mer Glaciale. la limite entre les Possessions Riisses et Britanniques 
sur le Continent de TAmerique Nord-ouest. 

IV. II est entendu, par rapport a la ligne de demarcation determinee 
dans r Article precedent: 

V. Que Tile dite Prince of Wales appartiendra toute entiere a la 
Russie: 

, 2°. Que partout ou la crete des montagues qui s'etendent dans une 
direction parallele a la Cote depuis le 56'"^ degre de latitude Nord au 
point d'intersection du l-il'"" degre de longitude Quest, se trouverait a 
la distance de plus de dix lieues marines de TOcean, la limite entre les 
Possessions Britanniques et la lisiere de Cote mentionnee ci-dessus 
conmiedevant appartenir a,La Russie, sera formee par une ligne paral- 
lele aux sinuosites de la Cote, et qui ne pourra jamais en etre eloignee 
que de dix lieues marines. 

V. II est convenu en outre, que nul Etablissement ne sera forme par 
Tune des deux Parties dans les limites que les deux Articles precedens 
assignent aux Possessions de I'Autre. En consequence, les Sujets 
Britanniques ne formeront aucun Etablissement, soit sur la cote, soit 
sur la lisiere de terre ferme comprise dans les limites des Possessions 
Russes, telles qu'elles sont designees dans les deux Articles precedens; 
et de meme, nul Etablissement ne sera forme par des Sujets Russes au 
delJi des dites limites. 

VI. II est entendu que les Sujets de Sa Majeste Britannique, de 
quelque Cote qu'ils arrivent. soit de TOcean, soit de Finterieur du Con- 
tinent, jouiront a perpetuite du droit de naviguer librement, et sans 
entrave quelconque, sur tons les Heuves et rivieres, qui, dans leurs 
cours vers la mer Paciticjue, traverseront la ligne de demarcation sur 
la lisiere de la Cote indiquee dans I'Article 3. de la presente Conven- 
tion. 

VII. II est aussi entendu que, pendant Tespace de dix Ans, a dater 
de la signature de cette Convention, les Vaisseaux des deux Puissances, 
ou ceux appartenans a leurs Sujets respectifs, pourront reciproquement 
frequenter, sans entrave quelconque, toutes les ]Mers interieures, les 
Golfes, Havres, et Criques sur la cote mentionnee dans TArticle 8, afin 
d'v faire la peche et le commerce avec les Indigenes. 

VIII. Le Port de Sitka, ou Novo Archangelsk, sera ouvert au Com- 
merce et aux Vaisseaux des Sujets Britanniques durant I'espace de dix 
ans, a dater de Techange des Ratitications de cette Convention. Au 
cas qu'une prolongation de ce terme de dix ans soit accordee a quelque 
autre Puissance, la meme prolongation sera egalement accordee ii La 
Grande Bretagne. 

IX. La susdite liberte de commerce ne s'appliquera point au tralic 
des liqueurs spiritueuses, des armes-a-feu, des armes blanches, de la 
poudre a canon, ou d'autres munitions de guerre; les Hautes Parties 
Contractantes s'engageant reciproquement a ne laisser ni vendre, ni 
livrer, de quelque maniere que ce puisse etre, aux Indigenes du pa3\s, 
les articles ci-dessus mentionnes. 



1 4 TREATIES. 

X. Tout Vaisseau Britannique ou Russe naviguant sur TOcean Pa- 
citique, qui sera force par des tempetes, ou par quelque accident, dese 
ref ug'ier dans les Ports des Parties respectives, aura la liberte de s'y 
radouber, de s\v pourvoir de tous les objets qui lui seront necessaires, 
et de se remettre en mer, sans payer d'autres Droits que ceux de Port 
et de Fanaux, lesquels seront pour lui les memes que pour les Btitimens 
Nationaux. Si, cependant, le Patron d'un tel navire se trouvait dans 
la necessite de se defaire d'une partie de ses marchandises pour sub- 
venir ii ses depenses. il sera tenu de se conformer aux Ordonnances et 
aux Tarifs de I'Endroit ou il aura aborde. 

XL Dans tous les cas de plaintes relatives a I'inf raction des Articles 
de la presente Convention, les Autorites Civiles et Militaires des deux 
Hautes Parties Contractantes, sans se permettre au prealal)le ni voie 
de fait, ni mesure de force, seront tenues de faire un rapport exact de 
Fatiaire et de ses circonstances a leurs Cours respectives, lesquelles 
s'engagent a la regler a Tamiable, et d'apres les principes d'une part" aite 
justice. 

XII. La presente Convention sera ratifiee, et les Ratifications en 
seront echangees a Londres, dans I'espace de six semaines, ou plutot si 
faire se pent. 

En Foi de quoi les Plenipotentiares respectifs Font signee, et y ont 
appose le Cachet de leurs Armes. 

Fait a St. Petersbourg, le — ^^'- Fevrier, de Fan de Grace mil- 

huit-cent-vingt-cinq. 

[l. s.] Stratford Canning. 

[l. s.] Le CoMTE DE Nesselrode. 

[l. s.] Pierre de Poletica. 

[Translation — Hertslet's Commercial and Slave Trade Treaties, Vol. Ill, p. 302.] 

In the name of the Most Holy and Undivided Trinity. 

His Majesty the King of the United Kingdom of Great Britain and 
Ireland, and His Majesty the Emperor of all the Russias, being desirous 
of drawing still closer the ties of good understanding and friendship 
which unite them, l)y means of an agreement which may settle, upon 
the basis of reciprocal convenience, ditferent points connected with the 
commerce, navigation, and fisheries of their subjects on the Pacific 
Ocean, as well as the limits of their respective possessions on the North- 
west coast of America, have named Plenipotentiaries to conclude a 
convention for this purpose, that is to say: His Majesty the King of 
the United Kingdom of Great Britain and Ireland, the Right Honora- 
ble Stratford Canning, a member of his said Majesty's Most Honorable 
Privy Council, etc., and His Majesty the Emperor of all the Russias, 
the Sieur Charles Robert Count de Nesselrode, His Imperial Majesty's 
Priv}' Councillor, a member of the Council of the Empire, Secretary of 
State for the department of Foreign Affairs, etc., and the Sieur Pierre 
de Poletica, His Imperial Majesty's Councillor of State, etc. Who, 
after having communicated to each other their respective full powers, 
found in good and due form, have agreed upon and signed the following- 
articles: 

Art. I. It is agreed that the respective subjects of the high contract- 
ing Parties shall not ])e troubled or molested, in any part of the ocean, 
commonly called the Pacific Ocean, either in navigating the same, in 



GREAT BRITAIN AND RUSSIA, 1825. 15 

tishing therein, or in landing at .such parts of the coast as shall not 
have l)een already occupied, in order to trade with the natives, under 
the restrictions and conditions specified in the following articles. 

II. In order to prevent the right of navigating and lishing, exercised 
upon the ocean by the subjects of the high cantracting Parties, from 
becoming the pretext for an illicit commerce, it is agreed that the sub- 
jects of His Britannic Majesty shall not land at any place where there 
may be a Russian establishment, without the permission of the Gov- 
ernor or Commandant; and. on the other hand, that Russian subjects 
shall not land, without permission, at any British establishment, of the 
Northwest coast. 

III. The line of demarcation between the possessions of the high con- 
tracting Parties, upon the coast of the continent, and the islands of 
America to the North-west, shall be drawn in the manner following: 

Commencing from the southernmost point of the island called Prince 
of WaleK Island, which point lies in the parallel of 54 degrees 40 min- 
utes, north latitude, and l)etween the 131st and the 133d degree of west 
longitude (Meridian of Greenwich), the said line shall ascend to the 
north along the channel called Portland Channel^ as far as the point of 
the continent where it strikes the .56th degree of north latitude; from 
this last-mentioned point, the line of demarcation shall follow the sum- 
mit of the mountains situated parallel to the coast, as far as the point of 
intersection of the l-tlst degree of west longitude (of the same merid- 
ian); and, finally, from the said point of intersection, the said meridian 
line of the 141st degree, in its prolongation as far as the Frozen Ocean, 
shall form the limit betw^een the Russian and British Possessions on the 
continent of America to the North-w^est. 

IV. ^yith reference to the line of demarcation laid down in the pre- 
ceding article it is understood: 

First. That the island called Pr'mce <>f TH^/t^-s- Island shall belong- 
wholly to Russia. 

Second. That whenever the summit of the mountains which extend 
in a direction parallel to the coast, from the 56th degree of north lati- 
tude to the point of intersection of the 141st degree of west longitude, 
shall prove to be at the distance of more than 10 marine leagues from 
the ocean, the limit between the British Possessions and the line of 
coast which is to belong to Russia, as above mentioned, shall be 
formed by a line parallel to the windings of the coast, and which shall 
never exceed the distance of 10 marine leagues therefrom. 

V. It is moreover agreed, that no establishment shall be formed b}' 
either of the two parties within the limits assigned by the two prececl- 
ing articles to the possessions of the other; consequently, British sub- 
jects shall not form any establishment either upon the coast, or upon 
the border of the continent comprised within the limits of the Russian 
Possessions, as designated in the two preceding articles; and, in like 
manner, no establishment shall be formed by Russian subjects Ijeyond 
the said limits. 

VI. It is understood that the subjects of His Britannic Majesty, from 
whate^•er quarter they may arrive, whether from the ocean, or from the 
interior of the continent, shall for ever enjoy the right of navigating 
freely, and wdthout any hindrance w^hatever, all the rivers and streams 



16 TKEATIES. 

which, ill their course towards the Pacific Ocean, may cross the line of 
demarcation upon the line of coast described in article three of the 
present convention. 

VII. It is also understood, that, for the space of 10 years from the 
signature of the present convention, the vessels of the two Powers, or 
those belonging- to their respective subjects, shall mutually be at lib- 
erty to frequent, without any hindrance whatever, all the inland seas, 
the gulfs, havens, and creeks on the coast mentioned in article three 
for the purposes of fishing and of trading with the natives. 

VIII. The port of Sitka, or Novo Archangelsk, shall be open to the 
commerce and vessels of British subjects for the space of 10 years from 
the date of the exchange of the ratifications of the present convention. 
In the event of an extension of this term of 10 years being granted to 
any other Power, the like extension shall be granted also to Great 
Britain. 

IX. The above-mentioned libertv of commerce shall not apply to the 
trade in spirituous liquors, in fire-arms, or other arms, gunpowder or 
other warlike stores; the high contracting Parties reciprocally engag- 
ing not to permit the above-mentioned articles to ])e sold or delivered, 
in any manner whatever, to the natives of the country. 

X. Every British or Russian vessel navigating the Pacific Ocean, 
which may be compelled by storms or by accident, to take shelter in 
the ports of the respective Parties, shall be at liberty to refit therein, 
to provide itself with all necessar}^ stores, and to put to sea again, with- 
out paying any other port and light-house dues, which shall be the same 
as those paid by national vessels. In case, however, the master of such 
vessel should be under the necessity of disposing of a part of his mer- 
chandise in order to defray his expenses, he shall conform himself to 
the regulations and tariffs of the place where he may have landed. 

XI. In every case of complaint on account of an infraction of the 
articles of the present convention, the civil and militarv authorities of 
the high contracting Parties, without previously acting or taking any 
forcible measure, shall make an exact and circumstantial report of the 
matter to their respective courts, who engage to settle the same, in a 
friendly manner, and according to the principles of justice. 

XII. The present convention shall be ratified, and the ratification 
shall be exchanged at London, within the space of six weeks, or sooner 
if possible. 

In witness whereof the respective Plenipotentiaries have signed the 
same, and have afiixed thereto the seal of their arms. 

Done at St. Petersburg, the |fth day of Februarv, in the vear of our 
Lord, 1825. 

[l. s.] Stratford Canning, [l. s.] The Count de Nesselrode. 

[l. s.] Pierre de Poletica. 



GREAT BRITAIN AND RUSSIA, 1843 AND 1859. 17 

EXTRACTS FROM TREATY OF COMMERCE AND NAVIGATION OF 
1843, BETWEEN GREAT BRITAIN AND RUSSIA. 

[For full toxt, SCL' Hertsk't's Comniorfial iiiul Sluvt- Traik' TiX'aties, Veil. VI, p. 7(i2.] 

■A- *• -K- * * * * 

XII. It is understood that, in roo-ard to coniuierce and navigation 
in the Russian possessions on the north-west coast of America, the 
Convention concluded at St. Petersburg, on the 16 28 February, 1825, 
continues in force. 

XV. The present Treaty shall remain in force during the space of 
10 years dating from the exchange of the ratifications thereof; and 
further, until the expiration of 12 months after either of the High 
Contracting Parties shall have given notice to the other of its intention 
to put an end thereto; each of the High Contracting Parties reserving 
to itself the right of giving such notice to the other at the expiration 
of the lirst 9 years: and it is agreed between them, that at the expira- 
tion of 12 months after such notice shall have been received by either 
of the High C-ontracting Parties from the other, the present Treaty, 
and all the stipulations contained therein, shall cease to be binding on 
the 2 Parties. 



EXTRACTS FROM TREATY OF COMMERCE AND NAVIGATION OF 
1859, BETWEEN GRi:AT BRITAIN AND RUSSIA. 

[For full tt'xt. see Hertslet's CC'inmercial and Slave Trade Treaties, Vol. X, p. 1057.] 
* * * « * * * 

XTX -^ * * * * w * 

In regard to commerce and navigation in the Russian Possessions 
on the North-West Coast of America, the Convention concluded at 
St. Petersburg on the 16th (28th) of February, 1825, shall continue in 
force. 

«■ * -:v * * -:'!• * 

XXn. The present Treaty of Commerce and Navigation shall 
remain in force for 10 years from the date of the exchange of the ratifi- 
cations; and further, until the expiration of 12 months after either of 
the High Contracting Parties shall have given notice to the other of 
its intention to terminate the same; each of the High Contracting 
Parties reserving to itself the right of giving such notice to the other 
at the expiration of the first 9 years, or at any time afterwards. 



TREATY CONCERNING THE CESSION OF THE RUSSIAN POSSES- 
SIONS IN NORTH AMERICA BY HIS MAJESTY THE EMPEROR OF 
AliL THE RUSSIAS TO THE UNITED STATES OF AMERICA. 

[Concluded March 30, 1S07. Ratified by the United States May 28, 1867. Exchanged June 20, 1867. 
Proclaimed by the United States June 20, 1867.] 

Sa Majeste FEmpereur de toutes les Russies et les Etats-Unisd'Ame- 
rique, desirant rali'ermir, s'il est possible, la bonne intelligence qui 
existe entre eux, ont norame, a cet eflfet, pour leurs Plenipotentaires, 

21528—03 9 



18 TREATIES. 

.savoir: Sa Majeste rEmpereur cle toutes les Russies, le ConseillevPrive 
Edouard de Stoeckl, son Envoye Extraordinaire et Ministre Plenipoten- 
tiaire aux Etats-Unis; et, 

Le President des Etats-Unis. le Sieur AVilliam H. Seward, Secretaire 
d'Etat; 

Lesquels, apres avoir echau^e leurs pleins-pouvoirs, trouves en bonne 
et due forme, ont arrete et sig-ne les articles suivans: 

Article I. 

Sa Majeste rEni})ereur de toutes les Russies s'engage, par cette con- 
vention, a coder aux Etats-Unis, immediatement apres rechang-e des 
ratitications. tout le territoire avec droit de Souveraineto actuellement 
possede par Sa Majeste sur le continent d'Anierique ainsi que les lies 
contigues, le dit tei-ritoire etant compristlans les limites gcographiques 
ci-dessous indiquees, savoir: la limite orientale est la ligne de demar- 
cation entre les possessions Russes et Britanniques dans TAmeriquedu 
Nord, ainsi qu'elle estetablie par la Convention conclue entre la Russie 
et la Grande-Bretagne, le y Fevrier 1825, et detinie dans les termes 
suivans des articles 111 et IV de la dite convention: 

A partir du point le plus meridional de I'ile dite Prince of Wale.*, leqnel point se 
trouve sous la parallele du 54""' degre 40 minutes de latitude nord, et entre le 131""^ 
et le 133""' degre de longitude ouest (meridien de (Greenwich), la dite ligna remon- 
tera, au Nord le long de la passe dite Portland Channel, jusqu'au point de la terre 
ferme, on elle atteint le 56""^^ degre de latitude nord; de ce dernier point la ligne de 
demarcation suivra la crete des montagnes situees parallelement ii la cote jusqu'au 
point d'intersection du 141""-' degre de longitude ouest (meme meridien); et linale- 
ment du dit point d'intersection, la meme ligne meridienne du 141""^ degre forniera, 
dans son prolongement jus(iu';\ la mer Glaciale, la limite entre les possessions Russes 
et Britanniques sur le continent de I'Amerique Nord-Ouest. 

IV. II est entendu, par rapport a la ligne de demarcation determinee dans Tarticle 
precedent: 

1". Que I'ile dite Prince of Wales, appartiendra toute entiere a la Russie: (mais des 
ce jour en vertu de cette cession aux Etats-Unis. ) 

2°. Que partout ou la crete des montagnes qui s'etendent dans une direction pa- 
rallele a la cote, deimis le h^"" degre de latituile nord au point d'intersection du 
441"'^' degre de longitude ouest se trouverait a la distance de plus de dix lieues marines 
de r Oct an, la limite entre les possessions Britanniques et la lisiere de cote mentionnee 
ci-dessus comme devant appartenir a la Russie (c'est-a-dire la limite des possessions 
ced6es par cette Convention) .sera formee par une ligne parallele aux sinuosit^s dela 
cote et qui ne pourra jamais en etre eloignee que de dix lieues marines. 

La limite Occidentale des territoires cedes passe par un point au 
detroit de Behring sous la parallele du soixante-cinquieme degre 
trente minutes de latitude Nord a son intersection par le meridien qui 
separe a distance egale les iles Krusenstern ou Ignalook et File Rat- 
manow ou Noonarljook et remonte en ligne directe, sans limitation, 
vers le Nord jusquTi ce qu'elle se perde dans la mer Glaciale. Com- 
mencant au meme point de depart, cette limite Occidentale suit de la 
un cours presque Sud-Ouest, a travel's le detroit de Behring et la mer 
de Behring. de maniere ji passer a distance egale entre le point Nord- 
Ouest de File Saint Laurent et le point Sude.st du cap Choukotski 
jusqu'au meridien cent-soixante-douzieme de longitude Ouest; de ce 
point a partir de Tinter.section de ce meridien, cette limite suit une 
direction Sud-Ouest de maniere a passer a distance egale entre Tile 
d'Attou et nie Copper du groupe d'llots Komandorski dans TOcean 
Pacititpie Septentrional jus(|ii'au meridien de cent (piatre-vingt-treize 
degres de longitude Ouest, de maniere Ti enclaver dans le territoire 
cede, toutes les lies Aleoutes situees ti Pest de ce meridien. 



UNITED STATES AND RUSSIA, 18G7. 19 

Article II. 

^ Dans le territoire cede par rarticle precedent Ti la Souverainete des 
Etats Unis, sont conipris le droit de propriete sur tons les terrains et 
places piililics, terres inoccupees, toutes les constructions publiques, 
fortifications, casernes et antres edifices qui ne sont pas propriete privee 
individuelle. II est toutefois entendu et convenu ([ue les eglises con- 
struites par le Cxouvernement Russe sur le territoire cede, resteront 
la propriete des menibres de TEo-lise Grecque Orientale residant dans 
ce Territoire et appartenant a ce culte. Tous les archives, papiers, et 
docuinens du Gouvernement ayant trait au susdit territoire, et qui y 
sont maintenant deposes, seront places entre les mains de Tag-en, des 
Etats-Unis; ^Nlais les Etats-Unis fourniront, toujours quand il y aura 
lieu, des copies legalisees de ces documens au Gouvernement Russe, 
aux officiers ou sujets Russes qui pourront en faire la demande. 

Article III. 

II est reserve aux habitans du territoire cede le cboix de garder leur 
nationalite et de rentrer en Russie dans Tespace de trois ans; mais s'ils 
preferent rester dans le territoire cede, lis seront admis, a Texception 
toutefois des tribus sauvages, a jouir de tous les droits, advantages et 
immunites des citoyens des Etats-Unis, et ils seront maintenus et pro- 
teges dans le plein exercice de leur liberie, droit de propriete et reli- 
gion. Les tribus sauvages seront assujeties aux lois et reglements que 
les Etats-Unis pourront adopter, de tems en tems a Tegard des tribus 
aborigenes de ce pa3'S. 

Article IV. 

Sa Majeste TEmpereur de toutes les Russies nommera, aussitot que 
possible, un agent ou des agens charges de remettre. formellement a 
Tagent ou aux agens nommes par les Etats-Unis, le territoire, la Sou- 
verainete, les proprietes, dependances et appartenances ainsi cedes et de 
dresser tout autre acte qui sera necessaire a Taccomplissement de cette 
transaction. Mais la cession, avec le droit de possession immediate, doit 
toutefois etre consideree complete et absolue a Techange des ratitica- 
tions, sans attendre la remise formelle. 

Article V. 

Immediatement apres I'echange des ratitications de cette Convention, 
les fortifications et les postes militaires qui se trouveront sur le terri- 
toire cede seront remis :i Tagent des Etats-Unis et les troupes Russes 
qui sont stationneesdans le dit territoire seront retirees dans un terms 
praticable et qui puisse convenir aux deux parties. 

Article VI. 

En consideration de la susdite cession, les Etats-Unis s'engagent a 
payer a la Tresorerie a Washington, dans le terme de dix mois, apres 
Techange des ratifications de cette Convention, sept millions deux cent 
mille dollars en or. au Representant diplomatique ou tout autre agent 
de 8a Majeste TEmpereur de toutes les Russies dument autorise a re- 
cevoir cette somme. La cession du Territoire avec droit de Souverainete, 



20 TREATIES. 

faite parcette Convention, estdeelaree libreet degag-eede toutes reser- 
vation.s. privileges, franchises ou possessions par des compagnies Russes 
ou toute autre; legalenient constituees ou autrement, ou par des asso- 
ciations, sauf siniplenient les proprietaires possedant des biens prives 
individuels, et la cession ainsi faite transfere tous les droits, franchises 
et privileges appartenant actuellenientii la Russie dans ledit territoire 
et ses dependances. 

Article VII. 

Lorsque cette Convention aura ete dument ratitiee par Sa Majeste 
I'Enipereur de toutes les Russies d'une part, et par le President des 
Etats-Unis, avec Tavis et le consentement du Senat de Tautre, les rati- 
fications en seront echangees a Washington dans le terme de trois niois, 
a compter du jour de la signature ou plus tot si faire se pent. 

En foi de quoi les plenipotentiaires respectifs ont signe cette Conven- 
tion et y ont appose le sceau de leur amies. 

Fait a "Washington le 18-30 jour de Mars de Tan de Notre Seigneur 
mil-huit-cent soixante-sept. 

[l. s.] Edouard de Stoeckl. 

[l. s.] William H. Seward. 

[Translation.] 

The United States of America and His Majesty the Emperor of all the 
Russias, being desirous of strengthening, if possible, the good under- 
standing which exists between them, have, for that purpose, appointed 
as their plenipotentiaries: the President of the United States, ^^'illiam 
H. Seward, Secretary of State; and His Majesty the Emperor of all the 
Russias, the Privy Counsellor, Edward de Stoeckl, his Envov Extraor- 
dinary and Minister Plenipotentiary to the United States. 

And the said plenipotentiaries having exchanged their full powers, 
which Avere found to be in due form, have agreed upon and signed the 
following articles: 

Article L 

His Majesty the Emperor of all the Russias agrees to cede to the 
United States, by this convention, immediately upon the exchange of 
the ratifications thereof, all the territory and dominion now possessed 
by his said Majesty on the continent of America and in the adjacent 
islands, the same being contained within the geographical limits herein 
set forth, to wit: The eastern limit is the line of demarcation between 
the Russian and the British possessions in North America, as estal)- 
lished by the convention between Russia and Great Britain, in February 
28-16, 1825, and described in Articles III and IV of said convention, 
in the following terms: 

Commencing from the southernmost point of the island called Prince of Wales 
Island, which ])()int lies in the parallel of 54 degrees 40 minutes north latitude, and 
between the 131st and the lo3d degree of west longitude (meridian of (Treenwich), 
the said line shall ascend to the north along the channel called Portland channel, as 
far as the point of the continent where it strikes the .5Bth degree of north latitude; 
from this last-mentioned point, the line of demarcation shall follow the summit of 
the mountains situated parallel to the coast as far as the point of intersection of the 
141st degree of west longitude (of the same meridian); and finally, from the said 
point of intersectif)n, the said meridian line of the 141st degree, in its prolongation as 
far as the Frozen ocean. 



UNITED STATES AND RUSSIA, 18H7. 21 

IV. With reference to the hue of deinamition laid down in the preceding article, 
it is understood — 

1st. Tiiat the island called Prince of Wales Island shall helonir wholly to Russia 
(now, by thi.s cession, to the United States). 

2d. That whenever the summit of the mountains which extend in a direction par- 
allel to the coast from the otith degree of north latitude to the jxtint of intersection of 
the 141st degree of west longitude shall prove to be at the distance of more than ten 
marine leagues from the ocean, the limit between the British possessions and the line 
of coast which is to belong to Russia as above mentioned (that is to say, the limit to 
the possessions ceded by this convention) shall be formed l)y aline parallel to the 
winding of the coast, and which shall never exceed the distance of ten marine 
leagues therefrom. 

The western limit witliiii which the territories and dominion con- 
veyed, are contained, passes throagh a point in Behring-'.s Straits on 
the parallel of sixty-hve degrees thirty minutes north latitude, at its 
intersection b}" the meridian which passes midway l^etween the islands 
of Krusenstern. or Ignalook. and the island of Ratmanoti', or Noonar- 
book. and proceeds due north, without limitation, into the same Frozen 
Ocean. The same western limit, beginning at the same initial point, 
proceeds thence in a course nearly southwest, through Behring's 
Straits and Behring's Sea, so as to pass midway between the northwest 
point of the island of St. Lawrence and the southeast point of Cape 
Choukotski. to the meridian of one hundred and seventy-two west lon- 
gitude; thence, from the intersection of that meridian, in a southwest- 
erly direction, so as to i)ass midway ])etween the island of Attou and 
the Copper Island of the Komandorski couplet or group in the North 
Pacific Ocean, to the meridian of one hundred and ninety-three degrees 
west longitude, so as to include in the territory conveved the whole of 
the Aleutian Islands east of that meridian. 

Article II. 

In the cession of territory and dominion made by the preceding arti- 
cle are included the right of i)roperty in all pul)lic lots and squares, 
vacant lands, and all public buildings, fortifications, 1)arracks, and other 
edifices which are not private individual property. It is. however, 
understood and agreed, that the churches which have been built in the 
ceded territory by the Russian Government, shall remain the property 
of such members of the Greek Oriental Church resident in the territory, 
as may choose to worship therein. Any government archives, papers, 
and documents relative to the territory and dominion aforesaid, which 
may l)e now existing there, will be left in the possession of the agent of 
the United States; but an authenticated copy of such of them as ma}" 
be required, will be. at all times, given by the United States to the 
Russian Government, or to such Russian officers or subjects as thej" 
may apply for. 

Article III. 

The inhabitants of the ceded territory, according to their choice, 
reserving their natural allegiance, may return to Russia within three 
years; but if they should prefer to remain in the ceded territory, they, 
with the exception of uncivilized native tribes, shall be admitted to the 
enjoyment of all the rights, advantages and inmiunities of citizens of 
the United States, and shall ])e maintained and i)rotected in the free 
enjoyment of their lil»erty, property and religion. The uncivilized 



22 TREATIES. 

tril)es will be sulijet-t to such laws and rou'ulations as the United States 
may, from time to time, adopt in regard to aljoriginal tribes of that 
countr}'. 

Article IV. 

His Majcst}' the Emperor of all the Ku.ssias shall appoint, with con- 
venient despatch, an agent or agents for the ]^urpose of formally deliv- 
ering to a similar agent or agents appointed on behalf of the United 
States, the territory, dominion, property, dependencies, and appurte- 
nances which are ceded as above, and for doing any other act which 
mav be necessary in regard thereto. But the cession, with the right of 
immediate possession, is nevertheless to be deemed complete and abso- 
lute on the exchange of ratitications, without waiting for such formal 
delivery. 

Article V. 

Immediately after the exchange of the ratifications of this conven- 
tion, any fortitications or military posts which may be in the ceded ter- 
ritory shall be delivered to the agent of the United States, and any 
Russian troops which mav be in the territory shall be withdrawn as 
soon as may be reasonably and conveniently practicable. 

Article VI. 

In consideration of the cession aforesaid, the United States agree to 
pay at the Treasury in Washington, within ten months after the ex- 
change of the ratitications of this convention, to the diplomatic repre- 
sentative or other agent of his Majesty the Emperor of all the Russias, 
duly authorized to receive the same, seven million two hundred thou- 
sand dollars in gold. The cession of territory and dominion herein 
made is hereby declared to be free and unincumbered ])y any reserva- 
tions, privileges, franchises, grants, or possessions, by an}" associated 
companies, whether corporate or incorporate, Russian or any other, or 
by any parties, except merely private individual property holders; and 
the cession hereby made, conveys all the rights, franchises, and priv- 
ileges now belonging to Russia in the said territory or dominion, and 
appurtenances thereto. 

Article VII. 

When this convention shall have been duly ratified by the President 
of the United States, by and with the advice and consent of the Senate, 
on the one part, and on the other by his Majesty the Emperor of all the 
Russias, the ratitications shall be exchanged at Washington within three 
months from the date hereof, or sooner, if possit)le. 

In faith whereof, the respective plenipotentiaries have sig-ned this 
convention, and thereto aftixed the seals of their ai'ms. 

Done at Washington, the thirtieth day of March, in the year of our 
Lord one thousand eight hundred and sixty-seven. 

[l. s.] William H. Seward. 

[l. s.] Edouard de Stoeckl. 



IMPERIAL RUSSIAN UKASES. 

UKASE OF JULY 8, 1799, GRANTING PRIVILEGES TO THE 
RUSSIAN AMERICAN COMPANY. 

FIRST CHARTP:R of the RUSSIAN AIMERICAN C0:MPANY." 

On the original is written in His Imperial Majesty's own hand: '' Be 
it thus."— Peterhotf, July 8, lT9i>. 

"By the grace of a merciful God. we, Paul the First, Emperor and 
Autocrat of all the Russias. etc. To the Russian American Company 
under our highest protection. The l)enelits and advantages resulting to 
our empire from the hunting and trading carried on by our k^yal suhjects 
in the northeastern seas and along the coasts of America have attracted 
our imperial attention and consideration; therefore, having taken under 
our immediate protection a Company organized for the above-named 
purpose of carrying on hunting and trading, we allow it to assume the 
appellation of *■ Russian American Company, operating under our High- 
est Protection; ' and for the purpose of aiding the Company in its enter- 
prises, we allow the commanders of our land and sea forces to employ 
said forces in the Company's aid if occasion I'equires it. while for fur- 
ther relief and assistance of said Company, and having examined their 
rules and reguhitions, we hereby declare it to be our highest Imperial 
will to grant to this Company for a period of '20 years the following- 
rights and privileges: 

I. By the right of discovery in past times by Russian navigators of 
the northeastern* part of America, beginning from the tifty-tifth degree 
of north latitude and of the chain of islands extending from Kamchatka 
to the north to America, and southward to Japau. and by right of pos- 
session of the same by Russia, we most graciously permit the Company 
to have the use of all hunting-grounds and establishments now exist- 
ing on the northeastern'^ coast of America, from the above-mentioned 
tifty-tifth degree to Bering Strait, and also on the Aleutian, Kurile. and 
other islands situated in the Northeastern Ocean. 

II. To inake new discoveries not only north of the tifty-tifth degree 
of north latitude, but farther to the south, and to occupy the new 
lands discovered, as Russian possessions, according to prescribed rules, 
if they have not been previously occupied by. or been dependent on. 
any other nation. 

III. To use and profit by everything which has been or shall be dis- 
covered in those localities, on the surface and in the interior of the earth, 
without competition from others. 

«For Russian text, see "Historical Review of the Development of the Russian 
American Company and of its Operations up to the present time," Tikhmenief, St. 
Petersburg, 1861, vol. i, ai)p., p. 19, and Golovnin, in ^laterialui, r, jip. 77-SO. 

23 



24 IMPERIAL RUSSIAN UKASES. 

IV. ^^'e most o-niciousl}- permit this Company to estii])]ish settle- 
ments in future times, wherever they are wanted, aecording to its best 
knowledge and l)elief, and fortify them to insure the safety of the 
inhabitants, and to send ships to those shores with goods and hunters, 
w^ithout any ol)stacles on the part of the Government. 

V. To extend their navigation to all adjoining nations and hold busi- 
ness intercourse with all suriounding powers, upon obtaining their free 
consent for the pui-pose, and under our highest protection to enable 
them to prosecute their enterprises with greater force and advantage. 

VI. To employ for navigation, hunting, and all other Inisiuess, free 
and unsuspected people, having no illegal views or intentions. In con- 
sideration of the distance of the localities where thev will be sent, the 
provincial authorities will grant to all persons sent out as settlers, hunt- 
ers, and in other capacities, passports for seven years. Serfs and house- 
servants will only l)e employed liy the Company with the consent of 
their landholders^ and Government taxes will l)e paid for all serfs thus 
employed. 

YIl! Though it is forbidden by our highest order to cut Government 
timber anywhere without the permission of the admiralty college, this 
Company is hereby permitted, on account of the distance of the admi- 
ralt}' from Okhotsk, when it needs timber for repairs, and occasionall}^ 
for the construction of new ships, to use freely such timber as is 
required. 

VIII. For shooting animals, for marine signals, and in all unexpected 
emergencies on the mainland of America, and on the islands, the Com- 
pany is permitted to ))uy for cash, at cost price, from the Goxernment 
artillery magazine at Irkutsk, yearly, 40 or 50 pouds of powder and 
from the Nertchinsk mine 200 pouds of lead. 

IX. If one of the partners of the Comjxany becomes indebted to the 
Government or to private persons and is not in a condition to pay them 
from any other property except what he holds in the Company, such 
property can not be seized for the satisfaction of such debts, Init the 
debtor shall not be permitted to use anything but the interest or divi- 
dends of such property until the term of the Company's privileges 
expires, when it will l)e at his or his creditor's disposal. 

X. The exclusive right is most graciously granted to the Company for 
'A period of twenty years, to use and enjoy, in the above-described 
extent of country and islands, all protits and advantages derived from 
hunting, trade, industries, and discovery of new lands, prohihitingthe 
enjoyment of these protits and advantages not only to those who would 
wish to sail to those countries on their own account, but to all former 
hunters and trappers who have been engaged in this trade and have 
their vessels and furs at those places; and other companies which may 
have been formed will not be allowed to continue their business unless 
they unite with the present Company with their free consent: luit such 
private companies or traders as liave their vessels in those regions can 
either sell theii' property, or, with the Company's consent, remain until 
they have obtained a cargo, l)ut no longer than is required foi- the 
loading and return of their vessel; and after that nobody Avill have any 
privileges but this one Company, which will be protected in the enjoy- 
ment of all the rights mentioned. 

XL Under our highest protection the Russian American Company 
will have full control over all above-mentioned localities, and exercise 
judicial powers in minor cases. The Company will also be permitted 



UKASE OF SEPTEMBEE 4, 1821. 25 

to use all local facilities foi- t'ortitications in the defense of the countiy 
under their control against foreijin attacks. Only partners of the Com- 
pany shall l)e employed in the administration of the new possessions in 
charo-e of the Com})any. 



UKASE OF SEPTEMBER 4, 1821." 
EDICT OF HIS IMPERIAL MA.JESTy, AUTOCRAT OF ALL THE RUSSIAS. 

The directing- Senate maketh known unto all men: 

Whereas in an Edict of His Imperial Majesty issued to the directing 
Senate on the -ith da}" of Septem))er, and signed by His Majesty's own 
hand, it is thus expressed: 

Observing, from Reports sul)mitted to us, that the trade of our subjects on the 
Aleutian Islands and on the north-west coast of America, aiipertainino; unto Russia, is 
subject, because of secret and illicit tratiic, to oppression and impediments; and 
finding that the principal cause of these difficulties is the want of rules establishing 
the boundaries for navigation along these ctiasts, and the order of naval communi- 
cation, as well in these places as on the whole of the eastern coast of Siberia and the 
Kurile Islands, we have deemed it necessary to determine these communications by 
specific Regulations, which are liereto attached. 

In forwarding these Regulations to the directing Senate, we command that the 
same be published for universal information, and that the i:)roper measures be taken 
to carry them into execution. 

(Signed) Count D. Gurieff, 

31! n istcr of Fin a n ces. 

It is therefore decreed ))y the directing Senate that His Imperial 
Majesty's Edict l)e pul)lished for the information of all men, and that 
the same be obeyed by all whom it ma}* concern. 

[The original is signed b\' the directing Senate.] 

Printed at St. Petersburgh. In the Senate, the 7th September, 1821. 

[On the original is written, in the handwriting of His Imperial Maj- 
esty, thus:] 

Be it accordingh'. 

(Signed) Alexander. 

Kamennoy Ostroff, Sqjteuiher 4, 1821. 

RULES established FOR THE LIGHTS OF NAVIGATION AND ORDER OF 
COMMUNICATION ALONG THE COAST OF THE EASTERN SIBERIA, THE 
NORTH-WEST COAST OF AMERICA, AND THE ALEUTIAN, KURILE, AND 
OTHER ISLANDS. 

§ 1. The pursuits of commerce, whaling, and tishery, and of all 
other industry on all islands, posts, and gulfs, including the whole of 
the north-west coast of America, l)eginning from Behring Straits to 
the 51-^ of northern latitude, also from the Aleutian Islands to the 
eastern coast of Sil)eria, as well as along the Kurile Islands from 
Behring Straits to the south cape of the Island of Urup, viz., to the 
45^ 50' north latitude, is exclusively granted to Russian subjects. 

§ 2. It is therefore prohibited to all foreign vessels not only to land 
on the coasts and islands beh)nging to Russia as stated above, but also, 
to appi'oach them within less than 100 Italian miles. The transgressor's 
vessel is subject to contiscation along with the whole cargo. 

« For Russian text see Tikhmenief, vol. i, app., p. 27. 



26 IMPERIAL RUSSIAN UKASES. 

§ 3. An exception to this rule is to be made in favour of vessels car- 
ried thither b}^ heavy gales, or real want of provisions, and unable to 
make any other shore l)ut such as belongs to Russia; in these cases 
they are obliged to produce convincing proofs of actual reason for such 
an exception. vShips of friendly Governments, merely on discoveries, 
are likewise exempt from the foregoing Rule 2. In this case, how- 
ever, they must be previously provided with passports from the Rus- 
sian Minister of the Navv. 

§ 4. Foreign merchant-ships which, for reasons stated in the fore- 
going rule, touch at anj^ of the above-mentioned coasts, are obliged to 
endeavour to choose a place where Russians are settled, and to act as 
hereafter stated. 

S 12. It is prohibited to these foreign ships to receive on board, 
without special permission of the Conmianders, any of the people in 
the service of the Company, or of the foreigners living in the Com- 
pany's Settlements. Ships proved to have the intention of carrying 
otf any person belonging to the Colony shall be seized. 

§ 18. Every purchase, sale, or barter is prohil)ited betwixt a foreign 
merchant-ship and people in the service of the Company. This pro- 
hibition extends equally to those who are on shore and to those 
employed in the Company's ships. Any ship acting against this rule 
shall pay hve times the value of the articles, stores, or goods consti- 
tuting this prohil»ited traffic. 

§ l4. It is likewise interdicted to foreign ships to carry on any 
traffic or barter with the natives of the islands, and of the north-west 
coast of America, in the whole extent here above mentioned. A ship 
convicted of this trade shall be confiscated. 

• ***»»• 

Count D. Gurief, 

Jliii/stri' of Finance. 



UKASE OF SEPTEMBER 13, 1821, RENEWING PRIVILEGES OF THE 
RUSSIAN-AMERICAN COMPANY. 

SECOND CHARTER OF THE RUSSIAN AMERICAN COMPANY.'^' 

By His Imperial Majesty's Ukase, bearing his signature, and com- 
nmnicated to the Ruling Senate on the 13th day of September, of the 
3"ear 1821, it is decreed: 

"The Russian-American Compau}', under our protection, availing 
itself of the privileges conferred upon it by Imperial Decree in the 
year IT^U, has completely fulHlled what we expected of it, by its suc- 
cess in navigation, by what it has done to develop the trade of the 
Empire, to the Itenetit of all. and l)y securing consid(>rable profits to 
those who are directly interested in it. In consideration whereof, 
being desirous of prolonging its existence and establishing it yet more 
firmly, we hereby renew the privileges granted to it, with the neces- 
sary additions and nioditications, for a pei'iod of twenty years from 

"For Russian text, see Tikhmenief, Vol. i, app., p. 41. 



UKASE OF SEPTEMBER 13, 1821. 27 

this dute, and havino- sanctioned the new Reoulations drawn up for it, 
hand this over to the Rulino- Senate. eonnnandin<i- them to prei)are the 
necessary document setting" forth these privik^oe.s, to hiy it before us 
for our signature, and to tal^e the propcn- further steps in the matter."" 

PRIVILEGES GRANTED TO THE RUSSIAN-AMERICAN COMPANY FOR 
TWENTY YEARS FROM THIS DATE. 

I. The Company founded for the exercise of industries on the main- 
land of Northwestern America, and on the Aleutian and Kurile Islands, 
shall be, as heretofore, under the protection of His Imperial Majesty. 

II. It shall have the privilege of carrying- on, to the exclusion of all 
other Russians, and of the subjects of foreign States, all industries 
connect<^d with the capture of wild animals and all fishing industries, 
on the shores of North-western America which have from time innne- 
morial belonged to Russia, commencing from the northern point of 
the Island of Vancouver, under 51^ north latitude, to Behring Straits 
and beyond them, and on all the islands which belong to that coast, as 
well as on the others situated between it and the eastern shore of 
Siberia, and also on those of the Kurile Islands where the Company 
has carried on industries, as far as the southern extremity of the 
Island of Urup under -1.5^ 50'. 

III. It shall have the exclusive enjoyment of everything in that 
region which it has hitherto discovered, or which it may in future dis- 
cover, either on the surface of the earth or in the earth. 

IV. The Company may make discoveries within the limits defined 
alcove, and it is authorized to annex such newly-discovered places to the 
Russian dominions, provided they have not been occupied by any other 
European nation, or by citizens of the United States, and have not 
become dependencies of such foreign nation; but the Company may 
not found permanent settlements in such places unless authorized to do 
so by the Emperor. 

V. Within the limits defined in section 2, the Company is authorized 
to found new settlements, and to construct w^orks of defence at any 
point, should such be necessary, at its own discretion, and to enlarge 
and improve existing settlements or works of defence; it is permitted 
to send ships with men and merchandize to those places without 
hindrance. 

VI. In order to insure to the Company the enjoyment of the exclu- 
sive rights granted to it, and to prevent for tlie future any interference 
or damage to it arisino- from the action of Russian sul^jects or of for- 
eigners, Regulations are now drawn up regarding the manner m which 
those persons are to be dealt with who, either voluntary or under stress 
of circumstances, come to the places defined in section 2 of these priv- 
ileges, in spite of the fact that they are prohibited from coming to them. 
These Regulations must 1)e strictly oliserved l)oth ])y the Company and 
by those authorities whom they may concern. 

VII. The Company is authorized to communicate by sea with all 
neighbouring nations, and to trade with them, with the consent of their 
Governments, except in the case of the Chinese Empire, the shores of 
which the Company's ships are never to approach. 

In regard to other nations, the Company's ships shall not have trade 
or other relations with them against the wish of their Governments. 

* ■!(- «• * -X- * * 



28 IMPERIAL RUSSIAN UKASES. 

REGVLATIOXS ATTACHED TO THE UKASE OF SEPTEMBER 13, 1821. 

[Extract from enclosure in Mr. Wilkins' Xo. Ui of December 11, 183-5.] " 
■35- * -Ss- -;?•*%* 

III. In regard to those nations inluil>iting the coasts of America, where the Com- 
pany has est'ihhshed their Colony. 

Section 57. The company, whose ])i-incipal object is the catching of Sea-animals 
and wild l)easts, shall not extend their searches to this effect to the interior of those 
Countries, on which coasts they practice the above catchings, and shall liy no means 
meddle with ojijiression of the inhabitants, living along those coasts; and in case the 
Comjiany should think it for their interest, to establish factories in some places of 
the American Continent in order to secure their commerce, they may do so after hav- 
ing actjuired the consent of the Natives and shall do everthing in their power to 
maintain their arrangements and avoid everything that might create the susjiicion or 
thought as if they intended to deprive them of their independence. 

Section 58. The Company is prohibited to demand gifts, dues, tribute or any such 
sacrifice from these people, equally during the time of peace, not to take any of the 
inhal>itants by force out of their stock, if, agreeably to the existing custom, some 
will be delivered by their .Iwun*'//*^.*. These inhabitants delivered to the Colony, 
shall be jnoperly treated and maintained, and the directors shall take particular care 
that they be not offended. 

Sectio.n' 59. In case it happens, that some of the Natives of the American Coast 
should wish to put up in the Russian Colonies, the Company shall grant their request, 
if no danger is likely to arise from it to the Colonies. The new settlers shall be 
enregistered in the number Islanders and shall enjoy the same rights and privileges 
as those. 



UKASE OF MARCH 29, 1829, CONFIRMING CHARTER OF 1821. 

IMPERIAL CHARTER GRANTED TO THE RUSSIAN AMERICAN COMPANY. — 
CONFIRMATION OF ITS RIGHTS AND PRIVILEGES. 

By the helping- grace of God, we, Nicholas the First, Emperor and 
Autocrat of all the Russias, etc., etc., etc. 

As we regard as an object of our particular care the develo])nient in 
our Eiupire of every kind of industry and commerce, we have turned 
our Imperial attention to the Russian American Company. Since its 
ver}' foundation it has been favored with the protection of our most 
august late father and bi-other, and during the twent3'-eight 3'ears of 
its existence it has steadily pursued its ot^ject, has cooperated in the 
progress of navigation, has opened to our subjects new and rich sources 
of conmierce and industry, and has brought to its shareholders con 
■siderable profits. 

Wishing to show our august benevolence towards this institution of 
conmion profit and to give it a tirm and stal)le ])asis, we take the Rus- 
sian American Company under our immediate protection, and confirm- 
ing ])y the force of this, our imperial charter, the rules, rights, and 
privileges granted to the Compan}^ by the supreme ukase of September 
13, 1821, we order: 

I. That the Company which was founded for industry on the main- 
land of Noi-th America, on the Aleutian Islands, and on the Kurile 
Islands and in all parts of the Northeastern Sea shall, under our supreme 
patronage, ])e called, as before the Russian American Company., 

II. The limits of navigation and industry of the Company are deter- 
mined by the treaties concluded with the United States of America 
April 5, "(17) 1824, and with England February 16, {2S) 1825. 

«For Mr. Wilkin's No. 16, see post, page 246. 



UKASE OF 1844. 29 

111. In all the places allotted to Russia by these treaties there shall 
be reserved to the Company the lig-ht to protit by all the fur and tish 
industries, to the exclusion of all other Russian sut)iects. 

IV". The part that neigiiborino- nutions may take in these industries, 
as well as the nature of the coast relations with the Russian American 
Company, shall remain on the basis of these same treaties until new 
rules shall be published on this subject. 

V. All the advantages and rights conceded to Russia by these treaties 
are granted to the Company, on which is also imposed the strict fulfill- 
ment of all the mutual ol)ligations of Russia stipulated in these treaties. 

VI. The internal administration of the affairs of the Company, its 
relations to the Government, the personnel and the duties of the supreme 
council of the chief administration of the directors of the Colonies, of 
the local agencies, and of the shareholders shall remain on the basis 
of the rules of Septem])er 13, 1821. 

VII. All the articles of these rules and of the privileges published 
together with them, which are not limited by the aforesaid treaties, 
and which are not contrary to the ukase of October 14, 1827, concern- 
ing entrance into service, shall remain in full force and vigor in their 
full extent and for the whole time for which they w^ere granted to the 
Russian American Company by our most august brother, the late 
Emperor Alexander the First. 

In conclusion of this our Imperial charter, we order all our militar}" 
and civil authorities and all our Government officers not only not to 
prevent the Russian American Company from availing itself of these 
rules and privileges granted to it b}' us, but in case of need to fore- 
warn it of any damage or harm which may come to it, and to render 
all legal assistance and protection to its board of administration. 

For the greater force of this charter which we have granted, we have 
signed it M'ith our own hand and have ordered it to be strengthened by 
the affixing of our seal of the Empire. 

Published by the Senate, March 29 (April 10), 1829. 



UKASE OF OCTOBER 10, 1844, RENEWING PRIVILEGES OF THE 
RUSSIAN-AMERICAN COMPANY. 

THIRD CHARTER OF THE RUSSIAN AMERICAN COMPANY.'* 

On the original is w^'itten in His Imperial Majesty's own hand: 

''Be it thus." 

Gatchina, October 10, 1841:. 

EIGHTS AND PRIVILEGES OF THE COMPANY. 

I. The Russian American Company, established for trading on the 
continent of Northwestern America and on the Aleutian and Kuriles 
Islands as in every part of the Northeastern Sea, stands under the 
Highest protection of His Imperial Majesty. 

II. The limits of the navigation and trade of the Company on the 
shore of the continent and on the islands of Northwestern America, are 

« Related l)ack to the year 1842. For Russian text see Tikhmenief, vol. ii, first 
appendix, p. 11. 



30 IMPERIAL RUSSIAN UKASES. 

within the following line of demarcation between Russia, Enoland, and 
America: Commencing with the southernmost point of the Island of 
Prince of Wales, which point is situated at 54- 40' north latitude and 
between 131- and 133- west longitude (reckoning from the meridian of 
Cireenwieh), the above line runs northward along the straits named 
Portland Channel to that point of the mainland where it touches the 
atJth degree of north latitude. Hence the line of demarcation follows 
the crest of the mountains which stretch in a direction parallel with the 
coast to the crossing at the 141st degree of west longitude (from the 
same meridian), and tinall}', from this point of intersection, the same 
meridian of the 141st degree constitutes in its extension to the Arctic 
Sea the l)oundarv of the Russian Possessions on the continent of North- 
western America. 

III. In all places annexed to Russia bj'^ the above-mentioned delimi- 
tation there is granted to the Company the right to carry on the fur 
and iishing industries to the exclusion of all Russian subjects. 

IV. The Company is permitted to hold and use all things heretofore 
found and hereafter to be found in those places, as well on the surface 
as in the bowels of the earth, without regard for anj^ claim thereto on 
the part of others. 

V. The Compam' is allowed in future according to necessity and its 
best judgment within the limits designated in Sec. 2, wherever it ma}" 
be found necessary to establish new settlements and fortifications for 
safe habitation: and those formerly established may be extended and 
improved, the Company being allowed to send to those regions vessels 
carrying merchandise and laborers without any let or hindrance. 

* -X- % ■» ^- ^ -X- 

XXII. The rights and privileges granted to the Companv shall be 
in force for twenty years, reckoning from the 1st of January of the 
year 1842. 

XXIII. Upon the taking effect of this charter all previous provisions 
rtdating to the Company are repealed, and will preserve their force 
only as to matters arising before the pronudgation of the constitution. 



DIPLOMATIC CORRESPONDENCE RELATING TO THE 
TREATY OF LS24 BETWEEN THE UNITED STATES AND 
RUSSIA. 

3fr. Middleton to Mr. Adams. 

No. 9.] St. Petersburg, 9A Sept. {3d Oct.), 1821. 

Sir: * * * in the same paper (the "Conservateur") is a notice 
of the principal dispositions of an ukase, under date of the 4th Sep- 
tember, prohibiting- all foreign vessels from trading with the Russian 
possessions on the NW. coast of America, some of which dispositions 
indeed appear to affect the interests of all maritime nations, but others 
more particularly trench upon the territorial pretensions of (jreat Brit- 
ain. I shall endeavor to ascertain whether this latter power remon- 
strates, which is scarcely doubtful. 

I enclose a copy of the latest Russian map of the NW. regions,^' 
to which I have added a notice of the places where there are actual 
settlements upon the coast, according to the best information 1 have 
been al)le to ol)tain. It is understood that the Russ-American North- 
west Company have lately had a renewal of their charter for 20 years, 
with additional privileges. I am noAV occupied in preparing a trans- 
lation of the different ukases under which they hold their privileges, 
which shall be forwarded as soon as completed. 
I have, etc., 

Henry Middleton. 



Mr. Poletica to Mr. Adams. 

[Translation.] 

Washington, Jaimary 30 [Fehruary 11], 1823. 

The undersigned, envoy extraordinary and minister plenipotentiary 
of His Majesty the Emperor of all the Russians, in consequence of 
orders which have lately reached him, hastens herewith to transmit to 
Mr. Adams, Secretary of State in the Department of Foreign Affairs, 
a printed cop}^ of the regulations adopted by the Russian-American 
Compan}^, and sanctioned by His Imperial Majesty, relative to foreign 
commerce in the waters bordering the establishments of the said com- 
pany on the northwest coast of America.* 

The undersigned conceives it to be, moreover, his duty to inform 
Mr. Adams that the Imperial Government, in adopting the regulation, 
supposes that a foreign ship, which shall have sailed from a European 

"See map Xo. 6 in Atlas accompanying the Case of the United States. 
b The ukase and regulations enclosed will be found ante page 25. 

31 



32 DIPLOMATIC CORRESPONDENCE 

port after the Ist of March. IS'22, or from one of the ports of the 
United States after the 1st of July of the same year, can not hxwfully 
pretend io-norance of these new measures. 
The undersiuned. etc.. 

Pierre de Poletica. 



J//'. Adaiiix to Jlr. PoJ>'tU-a. 

Department of State, 

Washrngton, F^hruary 25, 1822. 

Sir: I have the honor of receiving your note of the 11th instant, 
inclosing a ])rinted copy of the regulations adopted by the Russian- 
Americaii Company, and sanctioned by His Imperial Majesty, relat- 
ing to the commerce of foreigners in the waters bordering on the 
establishments of that company upon the northwest coast of America. 

1 am directed by the President of the United States to inform you 
that he has seen with surprise, in this edict, the assertion of a terri- 
torial claim on the part of Russia, extending to the tifty-tirst degree of 
north latitude on this continent, and a regulation interdicting to all 
conuuercial vessels other than Russian, upon the penalty of seizure and 
confiscation, the approach upon the high seas within 100 Italian miles 
of the shores to which that claim is made to apply. The relations of 
the United States with His Imperial Majesty have always l)een of 
the most friendly character: and it is the eai'uest desire of this Govern- 
ment to preserve them in that state. It was expected, before any act 
which should define the boundary between the territories of the United 
States and Russia on this continent, that the same would have been 
arranged by treaty between the parties. To exclude the vessels of our 
citizens from the shore, be^'ond the ordinary distance to which the ter- 
ritorial jurisdiction extends, has excited still greater surprise. 

This ordinance affects so deeply the rights of the United States and 
of their citizens that I am instructed to inquire wdiether you are author- 
ized to give explanations of the grounds of right, upon principles gen- 
erally recognized l)y the laws iind usages of nations, which can warrant 
the claims and regulations contained in it. 
I avail, etc.. 

JoHx QuixcY Adams. 



The Chevalier de Poletica to the Secretary of State. 

[Translation.] 

Washington, February 28, 1822. 
Sir: I received two days since the letter which vou did me the 
honour to jiddress to me on the same dav. l)v order of 'the President of 
the United States, in answer to my note of the 11th current, bv which 
I dischurgcd the orders of my Government in conHUunicating* to vou 
the new regulation adojjted by the Russian-American Company, and 
sanctioned by His Majesty the Emperor, mv august Sovereign, on the 
4th (HJtli) S,>ptcniber. lsi>l, relative to foreign conunerce in the waters 
wluch border upon the establishments of the said companv on the 
northwest coast of America. 



RELATING TO TREATY OF 1824. 33 

Koadilv yielding, sir. to the desire expressed ]\y you in your letter 
of knowing- the rights and principles upon which are founded the 
determinate limits of the Russian possessions on the northwest coast 
of America from Behring Strait to the 51st degree of north latitude, I 
am happy to fulfil this task b}' onl}" calling your attention to the fol- 
lowing historical facts, the authenticity of which cannot be contested. 
The lirst discoveries of the Russians on the northwest continent of 
America go ])ack to the time of the Emperor Peter 1. They belong to 
the attempt, made towards the end of the reign of this great Monarch, 
to find a passage from the icy sea into the Pacific Ocean. 

In 1728 the celebrated Captain Behring made his first voyage. 

The recital of his discoveries attracted the attention of the Govern- 
ment, and the Empress Anne intrusted to Captain Behring (1741) a 
new expedition in these same latitudes. She sent with him the Acade- 
micians Gmelin, Delile de la Crayere, Miiller, Steller, Fischer. Krasil- 
nicotf, Kritcheninicoti', and others; and the first chart of these countries 
which is known was the result of their labours, pul)lished in 1758. 
Besides the strait which ])earsthe name of the chief of this expedition, 
he discovered a great part of the islands which are found ]>etween the 
two continents. Cape or Mount St. Elias, which still bears this name 
upon all the charts, was so called by Captain Behring, who discovered 
it on the day of the feast of this saint; and his second. Captain Tchiri- 
coff, pushed his discoveries as far as the •IHth degree of north latitude. 

The tirst private expeditions undertaken upon the northwest coast 
of America go l)ack as far as the year 1743. 

In 1763 the Russian establishments had already extended as far as 
the island of Kodiak (or Kichtak). In 177S Cook found them at Ouna- 
laska. and some Russian inscriptions at Kodiak. Vancouver saw the 
Russian establishment in the Bay of Kinai. In tine. Captains Mirs, 
Portlock, La Peyrouse, unanimously attest the existence of Russian 
establishments in these latitudes. 

If the Imperial Government had at the time pu])lished the discov- 
eries made l)y the Russian navigators after Behring and Tchiricoff, 
viz. Chlodilotf, Serebreanicoif, Krasilnicoti', Paycotf, Poushcareff, 
Lazeretl, Medwedetf, Solowietf, Lewashetf, Kremtsin, and others, no 
one could refuse to Russia the right of tirst discovery, nor could even 
any one deny her that of tirst occupation. 

Moreover, when D. Jose ]\Iartinez was sent in 178U l)y the Court of 
Madrid to form an establishment in Vancouver's Island and to remove 
foreigners from thence, under the pretext that all that coast belonged 
to Spain, he gave not the least disturbance to the Russian colonies and 
navigators. Yet the Spanish (jovernment was not ignorant of their 
existence, for this very Martinez had visited them the year before. 
The report which Captain Malespina made of the results of his voyage 
proves that the Spaniards very well knew of the Russian colonies; 
and in this very report it is seen that the Court of Madrid acknowledged 
that its possessions upon the coast of the Pacific Ocean ought not to 
extend to the north of Cape Blanc, taken from the point of Trinity', 
situated under -i'l^ 59' of north latitude. 

When in 1799 the Emperor Paul I granted to the present American 
Company its first charter, he gave it the exclusive possession of the 
northwest coast of America, which belonged to Russia, from 55th 
degree of north latitude to Behring Straits. He permitted them to 
extend their discoveries to the south, and there to form establish- 

21528—03- — 10 



34 DIPLOMATIC CORRESPONDENCE 

ments, provided that the\' did not encroach upon the teiTitor\' occu- 
pied b}" other powers. 

This act, when made pu])lic, excited no claim on the part of other 
cabinets, not even on that of Madrid, which confirms that it did not 
extend its pretensions to the (JOth degree. 

When the Government of the United States treated with Spain for 
the cession of a part of the northwest coast it was able to acquire, by 
the treatv of ^^'ashino•ton, the right to all that belonged to the Span- 
iard north of the -i^nd degree of latitude; but this treaty says nothing- 
positive concerning- the northern boundary of this cession, because, in 
fact, Si)ain well knew that she could not say that the coast as far as 
the 6<>th degree l)elong-ed to her. 

From this faithful exposition of known facts it is easy, sir, as 
appears to me, to draw the conclusion that the rights of Russia to the 
extent of the northwest coast specitied in the regulation of the 
Russian-American Company rest upon the three bases required by 
the general law of nations and inmiemorial usage among nations — that 
is, upon the title of first discover}' ; upon the title of first occupation; 
and, in the last place, upon that which results from a peaceable and 
uncontested possession of more than half a century — an epoch, conse- 
quently, several years anterior to that when the United States took 
their place among independent nations. 

It is, moreover, evident that, if the right to the possession of a cer- 
tain extent of the northwest coast of America claimed by the United 
States only devolves upon them in virtue of the treat}' of Washing- 
ton, 1819 (and 1 believe it would- be difficult to make good any other 
title), this treaty could not confer upon the American Government 
any right of claim against the limits assigned to the Russian posses- 
sions upon the same coast, because Spain herself had never pretended 
to such a right. 

The Imperial Government, in assigning- for limits to the Russian pos- 
sessions on the northwest coast of America, on the one side Behring- 
Straits and on the other the 51st degree of north latitude, has only 
made a moderate use of an incontestable right, since the Russian navi- 
gators, who were the first to explore that part of the American Con- 
tinent in 1741, pushed their discover}- as far as the lUth degree of 
north latitude. The 51st degree, therefore, is no more than a mean 
point between the Russian establishment of New Archangel, situated 
under the 57th degree, and the American colony at the mouth of the 
Columbia, which is found under the IHth degree of the same latitude. 

All these considerations united have concurred in inspiring- the 
Imperial Government with an entire conviction that, in the last arrange- 
ments adopted in Russia relative to her possessions on the northwest 
coast, the legitimate right of no foreign power has been infringed. In 
this conviction the Emperor, my august sovereign, has judged that his 
good right, and the obligation imposed by Providence upon him to 
protect with all his power the interests of his subjects, sufliciently 
justified the measures last taken by His Imperial Majesty in favour of 
the Russian-American Company, without its being necessary to clothe 
them with the sanction of treaties. 

I shall be more succinct, sir, in the expositioji of the motives which 
determined the Imperial Government to prohilfit foreign vessels from 
ai)proaching the northwest coast of America belonging to Russia 
within the distance of at least 10<> Italian miles. This measure, how- 



RELATING TO TREATY OF 1824. 35 

ever severe it may at tirst view appear, is, after all. l)ut a measure of 
prevention. It is exclusively directed ao-ainst the culpable enterprises 
of foreion adventurers, who, not content with exercising- upon the 
coasts above mentioned an illicit trade, very prejudicial to the rights 
reserved entirelj^ to the Russian- American Company, take upon them 
besides to furnish arms and anuiuuiition to the natives in the Russian 
possessions in America, exciting them likewise, in every manner, to 
resistance and revolt against the authorities there established. 

The American Government doubtless recollects that the irregular 
conduct of these adventurers, the majority of whom was composed of 
American citizens, has been the object of the most pressing remon- 
strances on the part of Russia to the Federal Government from the 
time that diplomatic missions were organized between the two coun- 
tries. These remonstrances, repeated at different times, remain con- 
stantly'- without effect, and the inconvenience to which they ought to 
bring a remedy continues to increase. 

The Imperial Government, respecting the intentions of the Ameri- 
can Government, has always abstained from attributing the ill success 
of its remonstrances to any other motives than those which flow, if I 
may be alloAved the expression, from the ver}' nature of the institutions 
which govern the national affairs of the American Federation. But 
the high opinion which the Emperor has always entertained of the rec- 
titude of the American Government can not exempt him from the care 
which his sense of justice toward his own subjects imposes upon him. 
Pacific means not having brought any alleviation to the just grievances 
of the Russian-American Company against foreign navigation in the 
waters which environ their establishments on the northwest coast of 
America, the Imperial Government saw itself under the necessity of 
having recourse to the means of coercion a)id of measuring the rigour 
according to the inveterate character of the e\ il to which it wished to 
put a stop. Yet.it is easy to discover, on examining closely the last 
regulation of the Russian-American Compan}", that no spirit of hostility 
had anything to do with its formation. The most minute precautions 
have been taken in it to prevent abuses of authority on the part of 
commanders of Russian cruisers appointed for the execution of said 
regulation. At the same time, it has not been neglected to give all 
the timely publicity necessary to put those on their guard against whom 
the measure is aimed. 

Its action therefore can onh' reach the foreign vessels which, in 
spite of the notification, will expose themselves to seizure by infringing- 
upon the line marked out in the regulation. The Government flatters 
itself that these cases will be ver}' rare; if all remains as at present — 
not one. 

I ought, in the last place, to request j^ou to consider, Sir, that the 
Russian possessions in the Pacific Ocean extend on the northwest coast 
of America from Behring Straits to the 51st degree of north latitude, 
and on the opposite side of Asia and the islands adjacent from the same 
strait to the 4:5th degree. The extent of sea of which these possessions 
form the limits comprehends all the conditions which are ordinarily 
.attached to shut seas ('"mers fermees"'); and the Russian Government 
might consequently judge itself authorized to exercise upon this sea 
the rights of sovereignt}^ and especially that of interdicting the entrance 
of foreigners. But it preferred only asserting its essential rights, with- 
out taking advantao-c of localities. 



S{\ DIPLOMATIC CORRESPONDENCE 

The Emperor, my auo-ust sovereign, sets a very high ^alue upon the 
niaintonanee of the rehitions of amity and good understanding which 
liavc till now sul>sisted between the two countries. The dispositions 
of His Imperial Majesty in this regard have never failed appearing at 
all times when an occasion has presented itself in the political relations 
of the I'nited States with the European powers; and, surely, in the 
midst of a general peace, Russia does not think of aiming a blow at 
the maritime interests of the I'nited States— she who has constantly 
respected them in those difficult circumstances in which Europe has 
])een seen to be placed in the latter times, and the influence of which 
the United States have been unable to avert. 
I avail, &c. 

(Signed) Pierre de Poletica. 



3f/\ A(I('ii/-'< to Jf. de Poletica. 

Department of State, 

Washiiujtori, March 30^ 18'-22. 

Sir: I have had the honour of receiving your letter of the 2Sth ultimo, 
which has been submitted to the consideration of the President of the 
United States. 

Eor the deduction which it contains of the grounds upon which 
Articles of Regulation of the Russian-American Company have now, 
for the first time, extended the claim of Russia on the northwest coast 
of America to the .51st degree of north latitude, its only foundation 
appears to l)e the existence of the small Settlement of Novo Archan- 
gelsk. situated, not on the American Continent, but upon a small island 
in latitude 57; and the principle upon which you state that this claim 
is now advanced is that the i51st degree is c<ptidhtant from the Settle- 
ment of Novo Archangelsk and the establishment of the United States 
at the mouth of the Columbia River: Imt from the same statement it 
appears that, in the year IT'.'lt. the limits prescribed by the Emperor 
Paul to the Russian-American Company were fixed at the 55th degree 
of latitude, and that, in assuming now latitude of 57^^, a new pretension 
is asserted, to which no settlement made since the year 171»t» has given 
the colour of a sanction. 

This i)retension is to be considered not only with reference to the 
question of territorial rights, but also to that prohibition to the vessels 
of other nations, including those of the United States, who approach 
within 1(K) Italian miles of the coast. From the period of the existence 
of the United States as an inde})endent nation their vessels have freely 
navigated those seas, and the right to navigate them is a part of thiit 
indej)endence. 

^Vith regartl to the suggestion that the Russian Govei'nment might 
have justified the exercise of sovereignty over the Pacific Ocean as a 
close sea, because it claims territory both on its American and Asiatic 
.shores, it may sutfice to say that the distance from shore to shore on 
this sea, in latitude 51'^ north, is not less than 90 degrees of longitude, 
or 4,00»» miles. 

As little can the United States acced(> to the justice of the reason 
assigned for the i)rohibition al)()ve mentioned. The right of the citi- 
zens of the United States to hold conmierce with aborioinal nati\'es of 



RELATING TO TREATY OF 1824. 37 

the northwo^st coast of America, without the territorial jurisdiction of 
other nations, even in arms and munitions of war, is as clear and indis- 
putable as that of navigating the seas. That right has never been exer- 
cised in a spirit unfriendly to Russia; and although general complaints 
have occasionally ))een made on the subject of this commerce by some 
of your predecessors, no specific ground of charge has ever ))een alleged 
l\v them of any transaction in it which the United States were, by the 
ordinary laws and usages of nations, bound either to restrain or to pun- 
ish. Had any such charge been made, it would have received the most 
pointed attention of this Government, with the sincerest and tirmest 
disposition to perform every act and ol)ligation of justice to 3'ours 
which could have been required. 

I am conuuanded by the President of the United States to assure 
you that this disposition will continue to be entertained, together with 
the earnest desire that the most harmonious relations between the two 
countries may be preserved. 

Relying upon the assurance in your note of similar dispositions 
I'eciprocally entertained by His Imperial Majesty towards the United 
States, the President is persuaded that the citizens of this Union will 
remain unmolested in the prosecution of their lawful commerce, and 
that no etiect will be given to an interdiction manifestl}' incompatible 
with their rights. 

I am. tScc, (Signed) John Quincy Adams. 



ChevaUtr de Poletica to Mr. Adarn.s. 

[Translation.] 

Washington, 2 Ajnil {21 March), 1822. 

Sir: I had the honor 3'esterday to receive the letter which you were 
pleased to address to me, dated 30 March last (n. -St.), and not being- 
authorized to continue the discussion to which it refers, I find myself 
under the necessity of taking the contents of that letter ad referendum^ 
reserving- myself to comnumicate it to my Government as soon as 
possible. 

In the meantime 1 shall take the liberty of submitting to 3'our con- 
sideration some observations which have been suggested to me by cer- 
tain pa-<sages in your letter which require particular notice. 

In the first official letter which I had the honor of addressing to you,, 
dated 16-28 February last, 1 thought I had succeeding in clearly demon- 
strating that the rights of Russia to the possession of a certain extent 
of the northwest coast of America — as far as these rights can ])e ren- 
dered legitimate by the tirst discover}', the hrst occupation, and a pos- 
session not contested for more than half a century — that these rights, 
I say. go back to times considerably earlier than the reign of the 
Emperor Paul I. 

When this sovereign granted, in 17911, to the Russian-American 
Society its tirst charter of incorporation, there had never been a ques- 
tion about abandoning to that company the right of sovereignty over 
one determinate portion of the northwest coast of America in all 
its plenitude. The question was purely and simply of conceding to 
the .said company- a part of the sovereignt}', or rather certain exclusive 



38 DIPLOMATIC COKKESPONDENCE 

Diivileoos of coiiimerce, and it is in this view tliat the act of 1799, to 
which you refer, siv, fixed the limits of the operations of the Kussian- 

Aniei'ican Company. , -.^ . n i ^i • 

Tlie riohts of sovereignty belonging to Russia could lose nothing 
of their focal extent in consequence of the concessions made to that 
companv in the reign of the Emperor Paul. That these rights 
extended in the opinion of the Imperial Government farther south 
than the 55th degree of latitude appears evident from the structure 
of the 8d article of the act of incorporation, which authorizes the 
company to form establishments south of the 55th degree of north 

latitude. . , . j • i.i 

But what will dispel even the shadow of doubt in this regard is the 
authentic fact that in 1789 the Spanish packet St. Charles, commanded 
])y Captain Haro. found in the latitude 48 and 49 Russian establish- 
iilents to the number of 8, consisting in the whole of 20 families and 
4()2 individuals. These were the descendants of the companions of 
Cai)tain Tehiricoff, who were supposed till then to have perished. 

With such titles justifying the rights claimed by Russia, you your- 
self, sir, will agree that it is perfectly immaterial whether the Russian 
establishment at Novo Archangelsk be small or large. If the rights 
of territorial possession were measured according to the dimensions of 
the points occupied, what would become of those of the United States 
upon a very considerable extent of the same northwest coast? For 
the only American estaldishment ever yet known is certainly very 
infei-ior in stability to that of Russia at Novo Archangelsk. 

In the same manner the great extent of the Pacific Ocean at the 51° 
of latitude cannot invalidate the right which Russia may have of 
considering that part of the ocean as close. But as the Imperial Gov- 
ernment has not thought fit to take advantage of that right, all further 
discussion on this subject would be idle. 

As to the right claimed for the citizens of the United States of 
trading with the natives of the country of the northwest coast of 
America without the limits of the jurisdiction I)elonging to Russia, 
the Imperial Govei'iiment will not certainly think of limiting it and 
still less of iittacking it there. But I cannot dissemble, sir. that this 
same ti'ade beyond the 51st degree will meet with difficulties and incon- 
veniences for which the American owners will onlv have to accuse theii 
own imprudence after the publicity which has been given to the 
measures taken by the Imperial Government for maintaining the 
rights of the Russian- American Company in their absolute integrity. 
1 shall not finish this letter without repeating to you. sir. the very 
l)ositive assurance, which I have already had the honour once of express- 
ing to you. that in every case where the American Government shall 
judge it necessary to make explanations to that of the Emperor, the 
President of the United States may rest assured that these explanations 
will be always attended to by the Emperor, my august sovereign, 
with the most fi'iendly and consequently with tlie most conciliatory 
dispositions. 

Be i)leased to accept, sir, the assurance of my high consideration. 

Pierre de Poletica. 



KELATING TO TREATY OF 1824. 39 

Mr. Ad(C//is to 3fr. Middleton. 

Xo. 12. 1 Department of State, 

Washington, IS May, 1833. 

Sir: * * * You will receive with this letter a printed copy of 
the documents communicated to the House of Representatives in 
answer to a resolution calling- for information respecting- the Imperial 
ukase relative to the northwest coast of America, to which will be added 
copies of a letter to the Chevalier de Poletica, written subsequently to 
the communication to Congress, and immediately before his departure 
from this place, and of his answer. 

From these papers you will perceive the interest which has been 
excited here l)y the decree, which is universally considered as unwar- 
ranted by the laws of nations and as derogatory to the rights of the 
United States, both on the assumption for the tirst time of the 51st 
degree of north latitude, and in the interdiction of the vessels of other 
nations than Russia to approach within 100 Italian miles of the coast. 
You will not fail to impress these ideas upon the Russian Government 
in your communications with them, and particularly to insist upon the 
revocation ol^ any orders, if any have been given, to the commanders 
of the Russian armed vessels in those seas which infringe upon the 
un({uestionable rights of our navigators. 

There is no doubt that vessels of the United States which will sail 
from their ports after the tirst of July next, the time notified as that 
after which the Imperial ordinance will be carried into effect, will 
approach within 100 Italian miles of the coast, and if they should be 
molested the excitement in this country will be very great. It will be 
deeply lamented by the President not only as an example of encroach- 
ment upon the freedom of the seas In' a power which we have relied 
upon as among the most strenuous vindicators of their liberty, but as 
countenancing and even outstripping the doctrines of those who are 
led by the possession of predominant power upon that element to seek 
apologies for the abuse of it in the practice of other nations more 
interested in the support of the common rights of all. The grounds 
alleged b}- Mr. Poletica in support of the provisions of the ukase are 
certainly untenable, and we cannot believe that either they or the 
boundary will be insisted on b_v the Russian Government. At all 
events you will, with all the delicacy which the amicable relations 
between the two Governments will require, and all the mitigations 
which the most conciliatory forms can give to a determined purpose, 
make it most distinctly to be understood that the United States can- 
not for a moment acquiesce in those regulations, and that they will 
never admit that they can in any manner impair their rights, or those 
of their citizens. 

The Chevalier de Poletica has himself kindly offered to be the bearer 
of this letter. He returns home upon leave of absence, but without 
expectation of visiting this country again. His relations with this 
Government have always been friendly, respectful, and in many 
instances conffdential. On taking leave of the President he declared 
that he was instructed to express the contimiancc of the most amicable 
sentiments of the Emperor towards the United States, of which the 
President assured him of his high gratification and a cordial return. 
Mr. Poletica's conduct durinsf his residence here has deserved the 



40 DIPLOMATIC CORRESPONDENCE 

e^iteem and approbation of the President, which he wishes you to make 
known in a suitable manner to the Imperial Government. 
I am. etc-.. 

John Quincy Adams. 



Board of adinni'id ration of Human- Antcrican Company to chief nicin- 
agerofthe JRussian-Anicrlcan colon Its. 

[Received on the frigate Kixiscr, September 3, 1823.] 

No. 481. Secret.] July 31, 1822. 

You will see from the inclosed cop}' of a letter from the ministry 
(of linance). and the observations of this board thereon, that Eng-land 
and the United Stat(\s arc raising- objections to the privileg-es granted 
to the colonies and to the Maritime Regulations; to the former because 
our Government have tixed the boundary at 51 degrees, and to the 
latter l)ecause foreign ships are forbidden to come within IdO miles of 
our colonies. 

In view of these pi'ctensions. His Imperial ^Majesty has been pleased 
to instruct the Russian minister to the United States to agree with that 
Government upon the measures necessary to be adopted in order to 
prevent any further dispute. If you should have any discussion with 
the foreigners on these subjects, 3'ou will be guided by the inclosed 
papers. At the same time, this board has to inform you, in connection 
with these matters, that His Imperial Majesty has been pleased to 
instruct the connnander of the frigate Krelscr, which is now on its 
wa}- to you. through the naval head of the general stall', not to apply 
the 100-mile rule too strictly: accordingly, if he found a foreign ship 
nearer than that distance he would act with regard to it as laid down 
in the Maritime Regulations. 

Venedict Kramer. 
Ajsdrei Seyerin. 
Zelensky, 

Chief ch-rl'. 



[Inclosiire in Xo. 481.] 

Offirex of tit,' m'lithtvij Qfjinamr, 2nd(lmmm, 3rd talih', to tlifcJticf matiagfr of the liiissian- 

Ainerican Compani/. 

[KeceivedJulvlS, ISL'2.] 
^o. i»:J8. Secret.] July 18, 1822. 

Tlie head of the ministry of foreign affairs has informed me that, on our Govern- 
nient conMnnnicatinji; to tlie eabinets of London and Washinj^ton the regulations for 
the limits nf navigation, and for eomnnmieation by sea along the shores of eastern 
Siberia, nortlnve.«tern America, and the Aleutian, kurile,and other islands, approved 
by His Imperial Majesty on the 4th Sei)tember, 1S21, the Emzlish an<l North Ameri- 
can Governments made representations against what thev term the extension of our 
doiinnions as well as against the rules forbidding foreign shii)s to come within 100 
Italian miles of the above-mentioned places. 

On these rei)resentatif.ns being reported to the Emperor, His Imperial IMajestv, 
being anxious to do all in his j.ower to preserve the best understanding in his rela- 
tions with toreiirn (xiuers, and especially wishiuir to ].revent the occurrence of con- 
nicts l)et\veen Kussian and American ships, which might lead to unpleasantness, was 
pleased to give instructions to the department of the navv in accordance with these 



RELATING TO TRP:ATY OF 1824. 41 

views, in connection with the sending of two ships this year to the northwest coast 
of America. His Imperial .Majest}' at tlie same time gave orders for the following 
steps to 1)6 taken meanwhile: 

1. Baron Tuyll von Seroskerken is to be appointed imperial Rnssian envoy extraor- 
dinary and minister plenii)otentiary to the United States of North America in 
l)lace of ]M. Poletica, and is to proceed to Washington, without delay, to concert with 
the American (Government measures to be taken by common consent to prevent any 
further dispute on the subject of the extent of the respective jurisdictions of Russia 
and the United States on the northwest coast of America, to put an end to the com- 
plaints of our American colonies of the proceedings of certain citizens of the United 
States, and by this means to make it unneccessary to enfort-e to their full extent the 
regulations of the 4th September, 1821, which we should otherwise have to apply 
rigorously. 

2. In order that Baron Tuyll may be enabled the more easily to carry out the mis- 
sion intrusted to him, the Russian-American Company are to furnish me as soon as 
possible with a statement of tlie measures which we might call upon the Government 
of the L^nited States of America to take in order that the sources from which the 
company derive their revenue may not suffer and in order that the native inhab- 
itants of those regions may not disturb our settlements by carrying on prohibited 
trade. These measures should be of such a nature as to make it unnecessary for us 
any longer to insist on the distance stated in tlie rules of the 4tli September, 1821, 
to be that within which no foreign shij) may come, and such as to enable us to con- 
fine ourselves to exercising a control over such an extent of water only as is l)y com- 
mon custom considered to be under the jurisdiction of any power which has posses- 
sion of the seaboard, and to introducing on the coast such a system of surveillance 
as may be found necessary for the protection of our territory from attack and for the 
prevention of illicit trading. 

In communicating to me the p]mperor's orders in this matter, the head of the 
foreign office desires that the company's statement may be accompanied by an accu- 
rate aconnt of the localities where the Russian-American Coni]>any has hitherto 
exercised the right of hunting, fishing, and trading, as well as an indication of the 
parallel of latitude which t-an be fixed as the furthest limit of our dominions, with- 
out giving rise to remonstrances and pretensions such as those which have lately 
been evoked. 

The head of the foreign oftice adds that when the charter granted to the Russian- 
American Company in ITi^tO fixed as this boundary the 55th degree of latitude north 
and gave permission to the company to establish new stations even south of this line, 
except in places belonging to other powers, no foreign government objected to these 
two points, but that on the other hand it appears that two English companies, the 
Northwest Company ami the Hudson's Bay Company, have long had trading sta- 
tions established on the northwest coast of the American continent, beginning from 
54° north latitude and extending, according to some accounts, to 56°. 

Under these circumstances. Privy Councillor Count Nesselrode thinks that it 
would be useful if the Russian-American Company would communicate all the infor- 
mation in its possession with regard to the existence of these stations and the time 
of their establishment, as he considers such information indispensable in order to 
avoid claims being advanced by ICngland when we proceed with the United States 
to the delimitation of our respective territories. 

In bringing what is stated above to the notice of the board of administration of 
the Russian-American Company, in accordance with the Emperor's orders, I have 
to request it to supply, without delay and in sufficient detail, th" information required 
from it, in order that a firm basis of fact may be established on which to found the 
instructions to be sent to Baron Tuyll, with a view to the defence of our territory 
against unfounded claims and injurious attempts on the part of foreigners, and to the 
protection of the interests of the Russian-American Company, in accordance with 
the aims which the Government had before it when drawing up the charter granted 
to the company and the regulations approved liy His Imperial Majesty on the 4th 
September, 1821. 

Count D. Gi'RiEF, 

Minister of Finance. 
Y. Drushixin, 

JJirecfor 

A true copy: 

The Chief Clerk. 



42 DIPLOMATIC CORRESPONDENCE 

J//'. Middleton to Mr. Adams. 

Jso. 23.] St. Petersburg, August 8, 1822. 

Siu: I am desirous of giving you a full account of what has occurred 
hori' upon the subject of the N. W. contestation, because I conceive 
it to be important, on account of the impending- negotiation upon that 
sul>ject, that you should be furnished with all the information attain- 
able respecting the views and feelings of this Government upon it; 
and also because I wish you to understand the reason of the ver}' mod- 
erate tone of the note 1 presented upon receipt of the instructions 
contained in your No. 12. 

Having premised this nmch, 1 proceed to state that from the time of 
the pul>li('ation of the ukase respecting the N. W. trade, although 
I refrained from taking any official steps until I should receive instruc- 
tions so to do, yet I omitted no proper occasion of making known my 
private opinion upon that suliject in conversation with the secretaries 
and with all such persons as 1 knew were habitually consulted upon 
questions of a similar nature. To Mr. Speransk^". governor-general 
of Siberia, who had been one of the committee originating this meas- 
ure, I stated my objections at length. He informed me that the first 
intention had been (as Mr. Poletica afterwards wrote 3''Ou) to declare 
the northern portion of the Pacific Ocean as u/arc cJausuiii., but that 
idea l)eing abandoned, probably on account of its extravagance, they 
determined to adopt the more moderate measure of establishing limits 
to the maritime jurisdiction on their coasts, such as should secure to 
the Russian American Fur Company the monopoly of the very lucra- 
tive traffic they carry on. In order to do this they sought a precedent 
and found the distance of -30 leagues, named in the treaty" of Utrecht, 
and which may be calculated at about 100 Italian miles,' sufficient for 
all })uiposes. 1 replied ironically that a still better precedent might 
have been pointed out to them in'^the papal bull of 1193, which estab- 
lished as a line of demarcation between the Spaniards and Portuguese 
a meridian to be drawn at the distance of 100 miles west of the Azores, 
and that the expression "Italian miles" used in the ukase very natu- 
rally might lead to the conclusion that this was actually the precedent 
looked to. He took my remarks in good part, and I "am disposed to 
think that this conversation led him to make refiections which did not 
tend to confirm his first impressions, for I found him afterwards at dif- 
ferent times speaking confidentially upon the subject. 

For some time i)ast I l)egan to perceive that the provisions of the 
ukase would not be persisted in. It appears to have been signed by 
the Emperor without sufHcient examination, and may be fairlv consid- 
ered as having been suri'eptitiousiv o))tained. There can "be little 
doubt, therefore, that with a little p"atience and management it will be 
molded into a less objectionable shape. But in this," as in other mat- 
tei-s, the I't^voeniw (jradnni is most dillicult. Since the receipt of your 
drsputeh No. 12 I have had sevend conferences with the secretari"es of 
state and we have discussed fully and freely the state of the question 
as left by Mr. Poletica with your letter unanswered in hi's pocket. At 
length, on the morninoof the 21th of July, having learned that prepa- 
ration was makmg for the departure of the Emperor for Vienna, 1 had 
a conversation with Count Cai)odistrias. in whieh I informed him that 
1 intended to ask a formal interview with Count Nesselrode ))efore his 
tleparture, for the purpose of taking up this subject and urgino- some 



RELATING TO TREATY OF 1824. 43 

decision upon it, as I never had been a])le to ascertain officially whether 
the ortensive provisions of the ukase would be revoked. I felt the 
more anxious, too, because I had learned that a Russian frigate was 
shortly to sail for the N. W. coast. 1 informed him further that I 
had prepared a note verhale to leave with Couiit Nesselrode, which 1 
begged to be permitted to read to him (Count Capodistrias), as 1 was 
well assured of his anxious desire that all things should go on smoothh' 
between us. (See paper No. 1.) 

After hearing this paper with attention he said to me: "'Puisque 
vous me faites Thonneur do me consulter, je vous dirai franchement 
mon avis. 8i vous voulez (|ue la chose s'arrange, ne donnez point 
Yotrc note — I'Empereur a deja eu le bon esprit de voir que cette af- 
faiie ne devrait pas etre pousee plus loin. Nous sommes disposes a 
lie pas y donner de suite. Les ordres pour nos vaisseaux de guerre 
seront bornes {i empecher la contrebande dans les limites reconnues 
par les autres puissances, en prenant nos etabli.ssemens actuels 
pour bai^e de ces operations. De cette maniere, il n'y aura pas de 
complication pour entraver la negociation que pourra entamer M. le 
Baron de Tuyll des son arrivee a \A'ashington. Si vous dites que vous 
faites protestation, vous ferez du tort a la negociation; il ne faut pas 
lion plus faire Tinsimiation (jue nous ayons avance une injuste preten- 
tion, meme en nous complimentant sur notre politique passee; il ne 
faut pas nous sommer de revoquer des ordi'es donnes; nous ne revo- 
quons pas; nous ne nous retractons pas. Mais dans le fait il n'v a pas 
d'ordres. donnes qui autorisent ce que vous craignez.'-" 

After much discussion I acquiesced in the solidity of the reasons for 
not delivering my note, and immediately wrote to Count Nesselrode 
asking an interview, which was granted for the 2Tth day of the month. 

At that conference I talked over the matter with the two secretaries 
of state and brought fully to their view the substance of the instruc- 
tions upon the ukase of the 4th September last, insisting upon the neces- 
sity of this Government suspending the execution of those regulations 
which violate the general right of navigating within the common juris- 
diction of all nations, and declaring that the territorial pretension ad- 
vanced by Russia must be considered as entirely inadmissible by the 
United States until the conflicting claims shall have been settled by 
treaty. 1 received verbal assurances that our wish in lioth respects 
will be complied with, and that it is the intention of the Emperor that 
Baron Tuyll shall be furnished with full powers to adjust all controver- 
sies upon the subject of trade and territory upon the N. W. coast. 
"'"Mais en attendant."'' said Ct. Capodistrias, "votre gouvernment 
voudra bien defendre a ses sujets le commerce dans les limites sujettes 

« [Translation.] — After hearins: this jiaper with attention he said to me: Since you 
do me the honor to consult me, I will frankly tell you my opinion. If you wish the 
affair arranged, do not ]iresent your note. The Emjieror has already had the good 
sense to see that this affair should not lie puslied too far. We are disi^osed not to 
follow it up. The oi'ders to our war vessels will be limited to the prevention of the 
contraband trade within the limits recognized by the other powers, taking our 
present estalolishments as a basis for these operations. In this way there will be no 
complication to eniljarrass the negotiation whicli may be commenced by Baron de 
Tuyll on his arrival at Washington. 

If you say tliat you protest, you will do liarm to the negotiation; nor should you 
insinuate that we have advanced an unjust claim, even wliile complimenting us on 
our past policy; you shouhi not demaml that we revoke the orders we have issued. 
_We will not revoke them; we will not draw back; l)ut in fact no orders have been 
issued which authorize your apprehension. 



44 DIPLOMATIC CORRESPONDENCE ^ 

ti titiitostiitioii." Ill answer to this apostrophe I represented that this 
could not possihlv l»e done without achiiittino- the exclusive rights of 
Kussia. and tiiat iuitil those should he made manifest our Government 
has noauthoritv to inhiltit its eiti/ens from exereisino- their free indus- 
try within the limits sanctioned hy the laws of their country and of 
nations. 

I thouo-ht it necessary to g-ive olhcial form to these verbal conmiuni- 
cations. juid upon stating this to the secretaries it was agreed that I 
should s'm\\)\\ a.-^k to hr liifoi'iiird u-hat iras /;?/tf;;<f.!Y(' by the Imperial 
Goveriunent.and they proinised that the answer should be satisfactory. 
Immediately on my return home I penned the note No. 2, and received 
in answer, upon tlie tirst of this month, that numbered 3. 
1 have, etc., 

Henry Middleton. 

P, S. — A Russian frigate of -14 guns and 120 men, commanded b}^ 
Cai)t. Lieut. Lazai'otf. sailed about the 1st of August (O. S.), in com- 
pany with a Norse ship, bound for the N. W. coast. 

The Sechetauy of State of the United States. 

St. Petersburg. Aug mt 8 20, 1822. 



[Inelosure No. 1— Prepared, but not delivered.] 
Note, rcrhale. 

The correppondeiife of the Russian envoy in the United States of America with the 
Secretary of State of that (Tovernment ha? probably given the Imperial Government 
a siitticient knowledge of the weighty reasons that have indnced tlie Government of 
the said States to protest against the changes made in the regulations governing 
foreign conmierce in those parts of the Russian possessions that are situated on the 
Pacific coast. 

If all the powers, and especially commercial nations, are interested in the main- 
tenance of maritime rights uninii>aired, it is not to be doubted that the President of 
the United States has learne<l with the deepest concern that the aforesaid regula- 
tions have been sanctioned by a power which has long l)een fondly regarded as a 
protector of the freedom of navigation against all unjust pretensions; for he must, 
with rea.son, fear the influence of such an cxamide, and must also fear lest nations 
]»(>s^;e,<singpre]>onderating power atsea may avail themselves thereof to justify abuses 
of power liy the example of those which sliould be most interested in upholding the 
universal rights of nations. 

Since the President can not close his eyes to the fact that public oi)inion is greatly 
op|.osed to these regulations, and is fully convinced that it is quite impossible forthe 
United States (iovernment to acquiesce in them, he has thought proper, not only in 
view of his feelings of friendship for His Majesty the Emi)eror of all the Russias, but 
of the uprightnes.« (if intention of which he is (•("inscious, and of the frankness which 
he uses on ail occasions, not to leave the Im|)erial (iovernment in uncertaintv with 
regard to his determination to uphold the rights and interests of his fellow-citizens, 
and to insist that the Uniteil States and their suhjects A\i\\\ still have, as thev have 
had in the j.ast, full liberty to sail in the Pacific Ocean and off the coasts of the neigh- 
boring countries within the limits recognized by the law of nations. 

A careful jierusal of the correspondence which has recentlv been exchanged at 
U ashington in relation to the aforesaid regulations can not fail to show that a state 
of war between the two powers exists alreadv, owing to the principles that have 
be«-n avowed on liotli sides. Nothing is lacking to make this complete except a 
declaration or acts of violence, which latter can not be long in coming, imless pre- 
cautionary measures be at once taken. 

It is e.specially owing to this circumstance that the departure of Mr. Poletica with- 
out having been authorized to enter upon a discussion of our mutual rights and 
duties IS to be regretted. 



rp:lating to trp:aty of is24. 45 

Under present circumstances it is very desirable that there should l)e a suspension 
of the territorial claims of Russia to the Ijorder regions of the United States, without 
prejudice to the respective riglits of the powers interested, until the settlement of the 
boundaries by a treaty, but it is especially necessary, for the avoidance of any com- 
plications that might arise through hostilities, tliat the Russian Government shoul<l 
abstain from putting into execution the measures ordered by the ukase of Septeml)er 
4, 1821, and that it should consent to revoke the orders issued to its vessels of war, if 
any such have been issued, authorizing those measures to l)e put into execution. 

In the fear of jeopardizing more important interests than those just now under 
consideration, and in order not to I'un any risks that foresight may prevent, the 
undersigned deems it his duty to make this repiesentation, and he earnestly hopes 
that the Imperial Uovei-nment will see, and will avert Ijy acting upon these sugges- 
tions, the dangers which threaten to disturl) the good understanding which so hap- 
pily exists between tlie two countries. 

(Signed) H'y JNIiddleton. 

St. Petersburg, July 24th, 1822. 



[Inclosure No. i2.] 

The undersigned, envoy extraordinary and minister jilenipotentiary of the United 
States of America, has the honor to call the attention of his excellency the secretary 
of state. Count Nesselrode, to the correspondence which has recently taken place 
between the envoy of Russia in the United States and the Secretary of State of the 
Uiiited States. 

The correspondence has probably sufficiently made known the reasons which the 
United States have alleged for not agreeing to the regulations adopted by the Russian 
American Company for the government of foreign commerce in those parts of their 
possessions that are on the Pacific coast. 

Mr. Poletica's departure from the United States without having been authorized 
to enter more fully upon the discussion of our reciprocal rights and duties is to be 
regretted exceedingly, because the divergence of the opinions avoweil on both sides 
may give rise, by its duration, to acts of violence which will occasion annoying 
comjjlications. 

In the meantime the undersigned deems it his duty to inquire vvhat the intentions 
of the Imperial Government are as regards the measures to l3e adopted for the avoid- 
ance of the complications which would be the outcome of the peremptory execution 
of the aforesaid regulations. 

The undersigned flatters himself that the Imperial Government will regard this 
step simply as the result of his earnest desire to avert the dangers which might 
threaten to disturl) the good understanding which so ha]>pily exists between the two 
powers, and, awaiting a favoi'able reply, he has the honor to renew to his exellency 
the secretary of state the assurance of his high consideration. 

(Signed) H'y Middleton. 

St. PETERSBURCi, Jiibi 27th, 1822. 



[Inclosure No. 3.] 

The undersigned secretary of state, acting minister of foreign affairs, hastened to 
lay before the Emperor the note which ]Mr. Middleton, envoy extraordinarj' and 
minister plenipotentiary of the United States of America, addressed to him on the 
27th ultimo, calling the attention of the Imperial ministry to the correspondence 
which has passed between the envoy of Russia at Washington and the United States 
Government, with regard to certain clauses of the regulations issued Septendier 4 16, 
1821, which were designed to protect the interests of Russian commerce on the 
northwest coast of North America. 

Being actuated by the constant desire to maintain in all their integrity the friendly 
relations existing Ijetween the court of Russia and the United States Government, 
the Emperor has been pleased to forestall the wishes which have just lieen made 
known to him. Major-General Baron de Tuyll, who has been apjiointed to the post 
that was tilled by ^Ir. de Poletica, received orders to devote himself to the impor- 
tant task which his predecessor would have performed liad the state of his health 
allowed him to prolong his stay in America. 

Having no doubt of the friendly disposition which will be manifested by the 
American (Tovernment in the negotiations Avhich are about to be set on foot by 



40 DIPLOMATIC CORRESPONDENCE 

General Tuyll, and feeling as.^nrecl in advance that, by a series of these same negotia- 
tions, the interests of the commerce of the Russian American Company will be pre- 
served from all injury, the Emperor has caused the vessels of the Imperial navy 
which are about to visit the northwest coast to be furnished with instructions which 
are very nuich in kee])ing with the object that both Governments desire to attain, 
l)v mutual explanations, in a spirit of justice, harmony, and friendship. 

'Having thus removed, so far as he is concerned, everytiiing that might have given 
rise to the acts of violence which the American Government seems to have been 
long apprehending, His Imjicrial :Majesty trusts that the President of the United 
Stafes will in turn adopt such measures as his wisdom may suggest to him as best 
adapted to rectify all those errors, that have been intensitied by that malevolence 
which seeks to misconstrue intentions and jeopardize the amicable relations of the 
two Governments. 

As soon as the shii>i)ers and merchants of the United States shall l)ecome con- 
vinced that the questions which have arisen in connection with the regulations of 
September 4/16 are receiving attention, and that it is firmly purposed to bring them 
to a deci-sion that shall be nuitually satisfactory, under the auspices of justice and 
of our unalterable friendshij), then will it be impossil)le for the surveillance which 
the vessels of tlie Imperial navy going to the northwest coast of America are directed 
by tlie new instructions to exercise there ever to give rise to unpleasant complica- 
tions. 

The undersigned, entertaining this conviction, which will doubtless be shared by 
Mr. Middleton, has l)ut to add to the communications which he has been ordered to 
make in reply to the note of July 27th the assurance of his very distinguished 
consideration. 

(Signed) Nesselrode. 

St. Fetersblkc;, Augmt 1st, 1823. 



Baron Tuyll to Mr. Adams. 

[Translation.] 

Washington, Ajyrll 12 (^4), 1823. 

The uiKlorsig-nccl, envoy extraordinary and minister plenipotentiary 
of His Maje.sty the Emperor of all the Kassias near the United States 
of America, has had the honor to express to Mr. Adams, Secretary of 
State, the desire of the Emperor, his master, who is ever animated b}^ 
a sincere friendship towards the United States, to see the discussions 
that have arisen between the ca])inets of St. Petersburg and Washing- 
ton, upon some provisions contained in the ukase of the -ith (Itjth) of 
September, 1821, relative to the Knssian possessions on the northwest 
coa.st of America, terminated by means of friendly negotiation. 

These views of His Imperial Majesty coincide with the wish expressed 
.some time since on the part of the United States in reo-ard to a settle- 
ment of limits on the .said coa.st. 

The ministry of the Emperor having indiu'cd the Biitish ministry to 
furnish Sir Charles Bagot, ambassador of His Majesty the King of Eng- 
land near His Imperial Maje.sty, with full powers ^lecessarv for the 
negotiation about to be set on foot for reconciling the difficulties exist- 
ing ))ctween the two courts on the subject of the northwest coast, the 
English (Jovcrnment is desirous of acceding to that invitation. 

The undersigned has been directed to communicate to Mr. Adams, 
Secivtary of State, in the name of his augu.^^t master, and as an addi- 
tional proof of the sentiments entertained by His Imperial Majesty 
towards the President of the United States and the American Govern- 
ment, the expression of his desire that Mr. Middleton be also furnished 
with the neces.sary powers to terminate with the Imperial cabinet, by 
an arrangement founded on the principle of mutual convenience, all 



rp:lating to treaty of 1824. 47 

the differences that have arisen lietween Russia and the United States 
in consequence of the hiw |)ul)lished September 4 (1(»), 1821. 

The undersigned thinks he may hope that the Cabinet of Washing- 
ton wilh with pleasure, accede to a proposition tending to facilitate 
the completion of an arrangement based upon sentiments of mutual 
good will and of a nature to secure the interests of l)oth countries. 
He profits, etc., 

TUYLL. 



J//'. Adams to Baron Tuyll. 

Department of State, 

IT7^vA^y/r/^y;^ May 7, 1823. 

The undersigned, Seci'etary of State of the United States, has sub- 
mitted to the consideration of the President the note which he had the 
honor of receiving from the Baron de Tuyll, envoy extraordinary and 
minister plenipotentiarv from His Imperial Majestv the Emperor of 
all the Kussias. dated the 12th (24th) of the last month. 

The undersigned has been directed, in answer to that note, to assure 
the Baron de Tuyll of the warm satisfaction with which the President 
receives and appreciates the friendly dispositions of His Imperial 
Majesty toward the United States; dispositions which it has been, and 
is, the earnest desire of the American Government to meet with corre- 
sponding returns, and which have been long cemented by the invariable 
friendship and cordiality which have subsisted between the United 
States and His Imperial Majesty. 

Penetrated with these sentiments, and anxiously seeking to promote 
their perpetuation, the President readily accedes to the proposal that 
the minister of the United States at the court of His Imperial Majesty 
should be furnished with powers for negotiating, upon principles adapted 
to those sentiments, the adjustment of the interests and rights which 
have been brought into collision upon the northwest coast of America, 
and which have heretofore formed a subject of correspondence between 
the two Governments, as well at Washington as at St. Petersburg. 

The undersigned is further commanded to add that, in pursuing, for 
the adjustment of the interests in question, this course, equally congenial 
to the friendly feelings of this nation towards Russia and to their reliance 
upon the justice and magnanimity of His Imperial Majesty, the President 
of the United States confides that the arrangements of the cabinet of 
St. Petersburg will have suspended the possibility of any consequences 
resulting from the ukase to which the Baron de TuylFs note refers which 
could affect the just rights and the lawful commerce of the United 
States during the amicable discussion of the subject between the Gov- 
ernments respectively interested in it. 

The undersigned, etc., John Quixcy Adams. 



Mr. xidams to Mr. Middldon. 

No. 10.] Department of State, 

Washington, July 22, 1823. 
Sir: I have the honor of inclosing, herewith, copies of a note from 
Baron de Tuyll, the Russian minister, recentlv arrived, proposing, on 



48 DIPLOMATIC CORRESPONDENCE 

tho part of His Majesty the Emperor of Russia, that a power should 
l)e trausniittecl to you to enter upon a negotiation with the ministers 
of his (ioyernment concerning the differences which haye arisen from 
the imperial ukase of -ith {16th) September, 1821, relatiye to the 
northwest coast of America, and of the answer from this Department 
acceding to this ]>roposal. A full power is accordingly inclosed, and 
you wilT consider this letter as communicating- to you the President's 
iii>tiucti()ns for the conduct of the negotiation. 

From the tenor of the ukase, the pretensions of the Impei'ial Goy- 
ermntMit extend to an exclusiye territorial jurisdiction from the forty- 
tifth degree of north latitude on the Asiatic coast to the latitude of 
tifty-one north on the western coast of the American continent; and 
they assume the right of interdicting the no ligation and the tishery 
of all other nations to the extent of one hundred miles from the whole 
of that coast. 

The United States can admit no part of these claims. Their right 
of navigation and of tishing is perfect, and has been in constant exer- 
cise from the earliest times, after the peace of 1783, throughout the 
whole extent of the Southern Ocean, subject only to the ordinary 
exceptions and exclusions of the territorial jurisdictions, which, so 
far as Russian rights are concerned, are contined to certain islands 
north of the lifty-tifth degree of latitude, and haye no existence on the 
continent of America. 

The correspondence between Mr. Poletica and this Department con- 
tained no discussion of the principles or of the facts upon which he 
attempted the justification of the imperial ukase. This was purposely 
a\'()idi'd on our part, under the expectation that the Im})erial Goy- 
ermnent could not fail, u])on a reyiew of the measure, to revoke it 
altogether. It did, howey»»r, excite much public animadversion in this 
country, as the ukase itself had already done in England. I inclose 
herewith the North American Review for October, 1822, No. 37, which 
contains an article written l)y a person fully master of the subject; 
and for the view of it taken in England, I refer you to the 52d number 
of the Quarterly Review, the article upon Lieutenant Kotzeliue's 
voyages." From the article in the North American Review it will be 
seen that the rights of discovery, of occupancy, and of uncontested 
possession, alleged l)y Mr. Poletica, are all without foundation in fact. 

It does not appear that there ever has been a permanent Russian 
settlement on this continent south of latitude 51»: that of New Arch- 
ang(^l. cited by ]Mr. Poletica. in latitude 57^ 30', being upon an island. 
So far as i)rior dlsvorrri/ can constitute a foundation of right, the 
jDapers which 1 have referred to prove that it belongs to the United 
States as far as 59'^ north, by the transfer to them of the rights of 
Spain. There is, however, no part of the globe where the mere fact 
of discovery could be held to give weakerClaims than on the North- 
w(>st coast. "The great sinuosity," says Huniboldt. "formed by the 
coast t)etween the o.'ith and (Joth parallels of latitude embraces discov- 
eries made by Gali, Hehring and Tchivikofi', Quadra, Cook, La 
Perouse. Mah>spier, and \'ancouver. No European nation has yet 
ff)rmed an estalilishment upon the innnense extent of coast from Cape 
Mendosiiio to the rv.ifh degree of latitude. Beyond that limit the Rus- 



" For article in Quarterly Review, see Fur Seal Arbitration, Vol. IV, p. 227. For 
North AiiKM-ican Review, Jh., \^. L'44. 



RELATING TO TREATY OF 182i. 49 

sian fut'tories coiiinience. most of which are scattered and distant from 
each other, like the factories established by the European nations for 
the last three centuries on the coast of Africa. Most of these little 
Russian colonies connnunicate with each other onl}- by sea, and the 
new denominations of Russian-America, or Russian possessions in the 
new continent, must not lead us to believe that the coast of Behrings 
Bay, the peninsuhi of Alaska, or the country of Ischuo-atschi. have 
become Russian j>r()v!nr'!< in the same sense giyen to the word when 
speaking- of the Spanish provinces of 8onora or New Biscay,*''' — (Hum- 
boldt's New Spain, vol. 2d, book ;^d. ch. 8, p. 490.) 

In Mr. Poletica's letter of 28th Februarj^, 1822, to me, he sa3^s that 
when the Emperor Paul I granted to the present American Company 
its first charter in 1T99 he gave it the r,rcI>/-'^/'re jxtssi'ssirm of the 
northwest coast of America, which belonged to Russia, from the 55th 
degree of north latitude to Behrings Strait. 

In his letter of 2d of April, 1822, he says that the charter to the 
Russian-American Compan}-, in 1799, was merely conceding to them 
a part of the sovereignty, <>t\ rafhei\ certain e.i-cJn><!ve privilege-s of 
coriuiierce. 

This is the most correct view of the subject. The Emperor Paul 
granted to the Russian-American Company certain exclusive privi- 
leges of commerce — exclusive with reference to other Russian subjects; 
bnt Russia had never before asserted a right of sovereignty over an}- 
part of the North American continent, and in 1799 the people of the 
United States had been at least for twelve years in the constant and 
uninterrupted enjoyment of a profitable trade with the natives of that 
very coast, of which the ukase of the Emperor Paul could not deprive 
them. 

It was in this same year, 1799, that the Russian settlement at Sitka 
was first made, and it was destroyed in 1802 by the natives of the 
country. There were, it seems, at the time of its destruction three 
American seamen, who perished with the rest, and a new settlement at 
the same place was made in 1804. 

In 1808, Count Romanzofl', being then minister of foreign afi'airs and 
of commerce, addressed to Mr. Harris, consul of the United States at 
St. Petersburg, a letter, complaining of the traffic carried on by citi- 
zens of the United States with the native islanders of the northwest 
coast, instead of trading with the Russian possessions in America. 
The count stated that the Russian Company had represented this traffic 
as dandextine^ by which means the savage islanders^ in exchange for 
otter skins, had been furnished with firearms and powder with which 
they had destroyed a Russian fort, with the loss of several lives. He 
expressly disclaimed, however, any disposition on the part of Russia 
to abridge this traffic of the citizens of the United States, but proposed 
a convention by which it should be carried on e,ixlusie<dy\<\\^ the agents 
of the Russian-American Company at Kodiack. a small island near 
the promontory of Alaska, at least 7(»o miles distant from the other 
.settlement at Sitka. 

On the 4th of January, 1810, Mr. Daschkofi", charge d'aflaires and 
consul-general from Russia, renewed this proposal of a convention, 
and requested, as an alternative', that the United States should, by a 
legislative act, prohibit the trade of their citizens with the natives of 
the northwest coast of America, as unknvful and irre(jtdai\ and thereby" 
induce them to carry on the trade exclusively with the agents of the 

21528—03 11 



50 DIPLOMATIC CORRESPONDENCE 

Kussiaii-Aiiu'rii-an C'onipiuiy. Tho answer of the SecretaiT of State, 
dated the oth of May, iSlo, deeliiies those proposals for reasons which 
were tlien satisfaetory to the Kussian Government, or to which, at 
h^ast. no reply on their part was made. Copies of these papers, and 
of those containino- the instructions to the minister of the United 
States then at St. Petershuro-, and the relation of his conferences with 
the chancellor of the empire. Count Komanzofl', on this subject, are 
herewith inclosed. By them it will be seen that the Russian Govern- 
ment at that time exjilieitly declined the assertion of aity boundary 
line upon the noi-thwest coast, and that the proposal of measures for 
continino- the trade of the citizens of the United States exclusively to 
the Kussian settlement at Kodiack and with the aoents of the Russian- 
American Company had been made by Count Romanzoft', under the 
impression that they would l)e as advantao-eous to the interests of the 
United States as to those of Russia. 

It is necessary now to say that this impression was erroneous. That 
the trathc of the citizens of the United States with the natives of the 
noi-thwest coast was neither vlandi'^tine nor unlawful nor irregular. 
That it had been enjoyed many years before the Russian-American 
Company existed, tiiid that it interfered with no lawful right or claim 
of Russia. 

This trade has been shared also by the English, French, and Portu- 
guese, In the prosecution of it the English settlement of Nootka 
Sound was made, which occasioned the diflerences between Great 
Britain and Spain in 17S9 and ITlH), ten years before the Russian- 
American Company was first chartered. 

It Avas in the prosecution of this trade that the American settlement 
at the mouth of the Columbia River was made in 1811, which was 
taken by the British during the late war, and formally restored to 
them on' the >)th of October, 1818. By the treaty of the*22d of Feb- 
ruary. 181 !>. with Spain, the United States acquired all the rights of 
Spain north of latitude 42^; and by the third article of the convention 
between the United States and Great Britain, of the 2(>th of October, 
is IS. it was agreed that any country that might be claimed by either 
party oh the northwest coast of America, westward of the Stony 
Mountains, should, together with its harbors, bays, and creeks, and 
the navigation of all rivers within the same, be free and open, for the 
term of ten years from that date, to the vessels, citizens, and subjects 
of the two powei-s, without prejudice to the claims of either party or 
of any other State. 

You are authorized to propose an article of the same import for a 
term of ten years from the signature of a joint convention between the 
United States. Great Britain, and Russia. 

The right of the United States from the forty-second to the forty- 
ninth {parallel of latitude on the Pacific Ocean we consider as unques- 
tionalde, being founded, first, on the acquisition l)V the treatv of 
February 22. ISll*. of all the rights of Spain; second, "bv the discoVerv 
of the Columbia River, tirst from sea at its mouth, and then by land 
by Le\yis and Clarke; and third, by the settlement at its mouth in 
1811. This t(>rrit()ry is to the Ignited States of an importance which 
no possession in North America can be of to any European nation, not 
oidy as it is but the continuity of their possessions from the Atlantic 
to th.' Piu-itic Ocean. I)ut as i't otiers their inhabitants the means of 
estaldishing hereafter water communications from the one to the other. 



RELATING TO TREATY OF 1824. 51 

It is not coiu"(Mval)le that any possession upon tli(» continent of North 
America should be of use or importance to Kussia for any other pur- 
pose than that of trattic with the natives. This was in fact the induce- 
ment to the formation of the Russian American Company and to the 
charter granted them by the Emperor Pauh It was the inducement 
to the ukase of the Emperor Alexander. By ottering free and equal 
access for a term of years to navigation and intercourse with the natives 
to Kussia, within the limits to which our claims are indisputable, we 
concede much more than we obtain. It is not to })e doubted that, long 
))efore the expiration of that time, our settlement at the mouth of the 
Columl)ia River will become so considerable as to offer means of use- 
ful commercial intercourse with the Russian settlements on the islands 
of the northwest coast. 

With regard to the territorial claim, separate from the right of 
traffic with the natives and from any s\stem of colonial exclusions, we 
are willing to agree to the boundary line within which the Emperor 
Paul had granted exclusive privileges to the Russian American Com- 
pany, that is to say, latitude 55-^. 

If the Russian Government apprehend serious inconvenience from 
the illicit traffic of foreigners, with their settlements on the northwest 
coast, it may be eti'ectually guarded against )\v stipulations similar to 
those, a draft of which is herewith subjoined, and to which you are 
authorized, on the part of the United States, to agree. 

As the British ambassadoi- at St. Petersburg is authorized and 
instructed to negotiate likewise upon this subject, it may be proper to 
adjust the interests and claims of the three powers by a joint conven- 
tion. Your full power is prepared accordingl3\ 

Instructions conformable to these will be forwarded to Mr. Rush at 
London, with authority to communicate with the British Government 
in relation to this interest, and to correspond with you concerning it, 
with a view to the maintenance of the rights of the United States. 
I am, etc. , 

floHN QuiNCY Adams. 

Henry Middleton, 

Envoy Kftraordiiiary and Minister Plenipotentiary 

of the United States^ St. Petershurg. 



[Inclosure to No. 16.] 
Draft of treaty between the United States and Russia. 

Art. I. In order to strengthen the bonds of friendship and to preserve in future a 
perfect harmony and good understanding between the contracting parties, it is agreed 
that their respective citizens and subjects shall not be disturbed or molested, either 
in navigating or in carrying on their fisheries in the Pacitic Ocean or in the South 
Seas, or in landing on the coasts of those seas, in places not already occupied, for 
the purpose of carrying on their commerce with the natives of the country; subject, 
nevertheless, to the restrictions and provisions specified in the two following articles. 

Art. II. To tlie end that the navigation and fishery of the citizens and subjects of 
the contracting parties, respectively, in the Pacific Ocean or in the South Seas, may 
not be made a pretext for illicit trade with their respective settlements, it is agreed 
that the citizens of the United States shall not land on any part of the coast actually 
occupied by Russian settlements, unless by permission of the governor or commander 
thereof, and that Russian subjects shall, hi like manner, be interdicted from landing 
without permission at any settlement of the United States on the said northwest 
coast. 



52 DIPLOMATIC CORRESPONDENCE 

Art. III. It is agreed that no settlement shall be made hereafter on the northwest 
coast of America bv citizens of the United States or under their authority, north, 
nor by Russian snb'jects, or under the authority of Russia, south of the tifty-fifth 
degree of UDrth latitude. 

(For other inclosures see American State Papers, Foreign Relations, Vol. V, pi). 
43(J-438. ) 



Mr. AdaniH to Mr. Riali. 

Xo 70. 1 Department of State, 

W<tx],'u,<jt<,iu Jtdi/2'2, 1823. 

Sik: Aniono- the subjects of nej>otiution with Great Britain which 
are pressing- upon the attention of this Government is the present con- 
dition of the northwest coast of this continent. This interest is con- 
nected, in a manner ])ecoming- from day to day more important, with 
our territorial rig-hts: with the whole system of our intercourse with 
the Indian trihes; with the hoiuidary relations between us and the 
British North Amei'ican dominions; with the fur trade; the fisheries 
in the Pai-itic Ocean; the commerce with the Sandwich Islands and 
China: with our l)()undary upon Mexico; and, lastly', with our political 
standing- and intercourse with the Russian Empire. 

By the thii'd article of the convention between the United States and 
Great Britain of October 20, 1818, it is agreed that any "country that 
may be claimed b}' either party on the northwest coast of America, 
westward of the Stony Mountains, shall, together with its harbors, 
l>ays. and creeks, and the navigation of all rivers within the same, lie 
free and open for the term of ten jears from the date of the signature 
of the convention, to the vessels, citizens, and sul)jects of the two 
powers; it being well understood that this agreement is not to be con- 
strued to the prejudice of any claims which either of the two high 
contracting ])arties may have to any part of the said country, nor shall 
it be ta.ken to atfect the claims of any other power or state to any part 
of the said country, the only object of the high contracting parties in 
that respect IxMiig to prevent disputes and ditt'erences amongst them- 
selves.'' 

On the 6th of October. 1818. fourteen days before the signature of 
this convention, the settlement at the mouth of Columbia Kiver had 
>)een formally restored to the United States by order of the British 
Government. (Message of the President of the United States to the 
House of Representatives, April 1.5, 1822, p. 13. Letter of Mr. Prevost 
to the Secretary of State of November 11, 1818.) 

By the treaty of amity, settlement, and limits between the United 
States and Spain of February 22, 1819, the Iwundary line between 
them was fixed at the forty-second degree of latitude, from the source 
of the Arkansas River to 'the South Sea; bv which treatv the United 
States a((|uire(l all the rights of Spain north" of that parallel. 

The right of the United States to the Columbia River and to the 
intei-ior territory washed l)y its Avaters rests upon its discoverv from 
the sea and nomination by a citizen of the United States; upon its 
e.\l)lorati()n to the sea l»y C'aptains Lewis and Clarke; upon the settle- 
ment of Astoria, made under the protection of the United States, and 
thus restored to them in isiS; and upon this subsequent acquisition of 
all the rights of Spain, the only European power who prior to the 



RELATING TO TRFATY OF 1824. 53 

di.srovery of the river had any pretensions to territorial rij^hts on the 
northwest eoast of America. 

The waters of the CoUinibia River extend by the Multnomah to the 
forty-secoiid degree of latitude, where its source approaches within a 
few miles of those of the Platte and Arkansas, and by Clarke's River 
to the fiftieth oi- tifty-tirst degree of latitude: thence, descending south- 
ward, till its sources almost intersect those of the Missouri. 

To the territory thus watered, and immediately contiguous to the 
original possessions of the United States, as first bounded l)y the Mis- 
sissippi, they consider their right to be now established by all the prin- 
ciples which have ever been applied to European settlements upon the 
American hemisphere. 

By the ukase of the Emperor Alexander of the 4th (16th) of Sep- 
tember, 1821, an exclusive territorial right on the northwest coast of 
America is asserted as belonging to Russia and as extending from the 
northern extremity of the continent to latitude .51 , and the navigation 
and fishery of all othe-r nations are interdicted l)v the same ukase to 
the extent of one hundred Italian miles from the coast. 

When Mr. Poletica, the late Russian minister here, was called upon 
to set forth the grounds of right conformable to the laws of nations 
which authorized the issuing of this decree, he answered in his letters 
of February 28 and April 2, 1822, by alleging first discovery, occu- 
pancy, and uninterrupted jyj-sses.^ion. 

It appears upon examination that these claims have no foundation 
in fact. The right of (Jisroi'ei'n on this continent claimable bj^ Russia 
is reduced to the proba!)ility that in 1741 Captain Tchirikotf saw from 
the sea the mountain called St. Elias, in about the 51>th degree of north 
latitude. The Spanish navigators as early as 1582 had discovered as 
far north as 57^ 30'. 

As to occupancy. Captain Cook in 1779 had the express declaration of 
Mr. Ismaelotf, the chief of the Russian settlement atOnalashka, that they 
l:)U'W hothlnij of the continent in America; and in the Nootka Sound 
controversy between Spain and Great Britain it is explicitly stated in 
the Spanish documents that Russia had disclaimed all pretension to 
interfere with the Spanish exclusive rights to hei/ond Prince Williams 
Soimd, latitude 61 . No evidence has been exhibited of any Russian 
settlement on this continent south and east of Prince Williams Sound 
to this day, with the exception of that in California, made in 1816. 

It never has been admitted by the various European nations which 
have formed settlements in this hemisphere that the occupation of an 
island gave any claim whatever to territorial possessions on the con- 
tinent to which it was adjoining. The recognized principle has rather 
been the reverse, as. by the law of nature, islands must be rather con- 
sidered as appendages to continents than continents to islands. 

The only color of claim alleged by Mr. Poletica which has an appear- 
ance of plausibility is that which he asserts as an authentic fact: ''That 
in 1789 the Spanish packet ^^t. Charles, commanded by Captain Haro, 
found in the. latitude 48^ and 49^ Russian settlements to the number 
of eight, consisting, in the whole, of twenty families and 462 individ- 
uals.'' But more than twenty years since Heurieu had shown, in his 
introduction to the voyage of Marchaud, that in this statement there 
was a mistake of at least ten degrees of latitude, and that instead of 
48 and 49 it should read .58' and 59-. This is prot)ably not th(> only 
mistake in the account. It rests altogether upon the credit of two pri- 



54 DII'LOMATIC CORRESPONDFJNCE 

Viitc h'ttfis— Olio wi-ittcn from San Bias and the other from the City 
of Mi'xico. to Spain— there communicated to a French consul in one 
of the Sp:uiish ports, and bv him to the French minister of marine. 
Thev were written in October. ITNS. and August. iTS't. • AVe have 
seen* that in" ITIK) Kussia explicitly disclaimed interfering Avith the 
exclusive rights of Spain to Ixri/oHd Prince William's Sound in latitude 
01 : and Vancouver, in i7l»4,'was inforinc^d l)y the Russians on the 
spot that theii- most e'ldcrn settlement there was on Hitchinbrook 
Island, at Port Etches, which h<(d been estahlished hi the courxeof the 
jn'to<Il)ui sum iiier, ?indi that the adjacent continent v^' as a sterile and 
tiiihilmhltt'd cotintrj/. 

Until the Nootkii Sound contest Great Britain had never advanced 
anv claim to territory upon the northwest coast of America by right 
of* occupation. Under the treaty of 1703 her territorial rights were 
bounded by the .Mississippi. 

On the -hiX of July. 17i>3, Mackenzie reached the shores of the Pacific 
by land from Canada, in latitude 52^ 21' north, longitude 128^ 2' west 
of Greenwich. 

It is stated in the 52d nundierof the Quarterly Review, in the article 
upon Kotzebue's voyage, "that the whole country, from latitude 50- 
30' to the boundary of the United States, in latitude 48- or thereabouts, 
is now and has long been in the actual possession of the British North- 
west Company; '" that this company have a post on the borders of a 
river in latitude 54 30' north, longitude 125 west, and that in latitude 
55^ 15' noi'th. longitude 121f- 44' west, '"by this time (March, 1822) 
the I'nited Company of the Northwest and Hudson's Bay have, in all 
probability, formed an establishment."' 

It is not imagina))le that, in the present condition of the world, any 
European nation should entertain the project of settling a colony on 
the northwest coast of America. That the United States should form 
estal)lishments there, with views of absolute territorial right and 
inland conmnmication, is not onh' to be expected, but is pointed out 
by the tingei' of nature, and has been for many years a sul)ject of 
serious d(dil>e ration in Congress. A plan has for several sessions 
been before them for establishing a territorial government on the 
boi-ders of the Columl>ia River. It will undoubtedly be resumed at 
thcii- next session, and even if then again postponed there cannot be 
a doul)t that in the course of a verv few years it nmst be carried into 
etfecy 

As yet, however, the only useful purpose to which the northwest 
coast of America has been or can be made subservient to the settle- 
ments of civilized men are the tisheries on its adjoining seas and trade 
with the aboriginal iidiat)itants of the country. These have hitherto 
))e('n enjoyed in common by the people of th*e United States, and l)y 
the liritish and Russian nations. The Spanish. Portuguese, and French 
nations have also participated in tluMn hith(M-to, without other annoy- 
ance than that which resulted from the exclusive territorial claims of 
Spain, so long as they were insisted on by her. 

The United States and (Jreat Britain haVe both protested against the 
Russian imperial ukase of September 4 (10), 1.S21. At the proposal of 
the Russian (ioveinment, a full power and instructions are now trans- 
mitted to Mr. Middleton. for the adjustment, by amicable negotiation, 
of the coiiHicting claims of the parties on this subject. 



RELATING TO TREATY OF 1S24, 55 

We have been int'onned l)y the Baron de Tuyll that :i similar author- 
ity has been given on the part of the British CTOvernnient to Sir Charles 
Bagot. 

Previous to the restoration of the settlement at the mouth of Colum- 
bia River in 1S18. and again upon the first introduction in Congi-ess of 
the plan for constituting a Territorial government there, some disposi- 
tion was manifested by Sir Charles Bagot and t)y ]\Ir. Canning to dis- 
pute the i'i(fht of the Cnited States to that establishment, and some 
vague intimation was given of British claims on the northwest coast. 
The restoration of the place and the convention of 1818 were considered 
as a final disposal of Mr. Bagot's objections, and INIr. Canning declined 
committing to paper those which he had intimated in conversation. 

The dis(!ussion of the Russian pretensions in the negotiation now 
proposed necessarily involves the interests of the three powers, and 
renders it manifestly proper that the United States and Great Britain 
should come to a mutual understanding with respect to tJuir rvxjiective 
pretensions, as well as upon their joint views with reference to those 
of Russia. Copies of the instructions to ^Ir. ]\liddleton are, therefore, 
herewith transmitted to you. and the President wishes you to confer 
freely with the British Government on the subject. 

The principles settled by the Nootka Sound convention of October 
28, 1790, were— 

1st. That the rights of fishery in the South Seas, of trading with the 
natives of the northwest coast of America, and of making settlements 
on the coasts itself for the purpose of that trade, north of the actual 
settlements of Spain, were conmion to all the European nations, and 
of course to the United States. 

2d. That so far as the actual settlements of Spain had extended, she 
possessed the exclusive rights, territorial, and of navigation and fishery, 
extending to the distance of ten miles from the coasts. so acixal/i/ 
occnp'ied. 

3d. That on the coasts of Sonili America^ and the adjacent islands 
sontJi of the parts already occupied by Spain, no settlement should 
thereafter be made either by British or Spanish subjects, but on l)oth 
sides should be retained the liberty of landing.' and of erecting tem- 
porary buildings for the purposes of the fishei'v. These rights were 
also, of course, enjoyed by the people of the United States. 

The exclusive rights of Spain to any part of the American continents 
have ceased. That portion of the convention, therefore, which recog- 
nizes the exclusive colonial rights of Spain on these continents, though 
confirmed as between Great Britain and Spain, by the first additional 
article to the treaty of the 5th of July. 1814, has been (Extinguished 
by the fact of the independence of the South American nations and of 
Mexico.' Those independent nations will possess the rights incident 
to that condition, and their teriitories will of course be subject to no 
exdn-slrt right of navigation in their vicinity, or of access to them by 
any foreign nation. 

A necessary consequence of this state of things will be that the Ameri- 
can continents henceforth will no longer be subjects of colonization. 
Occupied by civilized independent nations, they will be accessible to 
Europeans and to each other on that footing alone, and the Pacific 
Ocean in every part of it will remain open to the navigation of all 
nations, in like manner with the Atlantic. 



50 DIPLOMATIC CORRESPONDENCE 

Incidental to the condition of national independence and sovereignty, 
the rights of anterior navigation of their rivers will belong to each of 
the American nations within its own territories. 

Tlie application of colonial principles of exclusion, therefore, can 
not he admitted l)y the Ignited States as lawful upon any part of the 
northwest coast of Amei'ica. or as belonging to any European nation. 
Tlieir own settlements there, when organized as territorial govern- 
ments, will be adai)ted to the freedom of their own institutions and, 
as constituent parts of tlie Union, be subject to tlie principles and pro- 
visions of tiieir constitutions. 

The right of carrving on trade with tlie natives ihroughout the 
northwest coast the}' can not renounce. With the Russian settlements 
at Kodiac. or at New Archangel, they may fairly claim the advantage 
of a free trad(>. having so long enjoyed it unmolested, and l)ecause it 
has I)cen and would continue to l)e as advantageous at least to those 
settlements as to them. But they will not contest the right of Russia 
to prohibit the traffic, as strictly contined to the Russian settlement 
itself, and not extending to the original natives of the coast. 

If the British Northwest and Hudson's Bay Companies have any 
posts on the coast, as suggested in the article of the Quarterly Review 
above cited, the third article of the convention of October i2(), 1818, 
is applicable to th^m. Mr. Middleton is authorized by his instructions 
to propose an article of similar import, to be inserted in a joint con- 
vention between the United States. Great Britain, and Russia, for a 
term of ten years from its signature. You are authorized to make 
th(» same proposal to the P>ritish (xovernment, and, with a view to draw 
a detinite iuw of demarcation for the future, to stipulate that no set 
tiemcut shall hereafter be made on the northwest coast or any of the 
islands tiiei-cto adjoining l)y Russian subjects south of latitude 55^, by 
citizens of the United States north of latitude 51^, or by British sub- 
jects cither south of 51- or north of 55-^. I mention the latitude of 
51- as the bound within which we are willing- to limit the future set- 
tlement of the United States because it is not to be doubted that the 
C'oluml»ia River branches as far north as 51-, although it is most prob- 
ably not the Taconesche Tesse of Mackenzie. As, however, the line 
alrcadv runs in latitude 49^ to the Stony Mountains, should it be earn- 
estly insisted u))on by (ireat Britain, we will consent to carry it in 
continuance on the same ])arallel to the sea. Copies of this instruction 
will likewise be forwarded to Mr. Middleton, with whom you will 
freely, but cautiously, correspond on this su])ject, as well as in rela- 
tion to your negotiation respecting the suppression of the slave trade. 

1 have the honor to be, with great respect, sir. vour verv humble, 
obedient servant, 

John QuiNCY Auams. 



J//'. Mkldhtoii to Mr. Adaiits. 



^O; 2^-1 St. Petersburg, Sejyfeiuhtr 19, 18'23. 

Siu: I have the honoi- to acquaint vou that Count Nesselrode, on 
the morning of the day in which he left St. Petersburg- for Odessa, 
addressed me the note of which copv is herewith sent. He mentioned 
to me M.me days previously having had advices from Baron Tuyll, 



RELATING TO TREATY OF 1824. 57 

intiniatino- that the iicjiotiation upon the 8u))je("t of the ukase of Sep- 
tenilxn- 4 (!♦)), ISiil, would be tiansferred to this phice. 

Sir C'harU^s Bajiot likewise has eonuniiuicated to me instructions he 
has received from his (Jovernment, in which ajotni neg-otiation appears 
to be in contemplation of the British minister. Sir Charles at the same 
time informed me that Mr. Canning eagerly caught at the proposition 
pf jNIr. Rush going to that effect; and that instructions from you, cor- 
relative to those of the British Government, would undoubtedly be 
sent me. I have told him that I do not as yet know any tiling of the 
intentions of my (Tovernment upon that head, having received no 
dispatch from the Department of State later than that In'ought by Mr. 
Pinkney. Upon Sir Charles's expressing his wish to be informed 
respecting the actual state of the northirext c(uestion between the 
United States and Russia, so far as it might be known to me, I saw no 
objection to making a vonfidentiaJ communication to him of the note 
of Count Nesselrode, dated August 1, 1822, by which, in fact, staying- 
the execution of the ukase above mentioned, Russia has virtually 
a))andoned the pretensions therein advanced. I learned in this conver- 
sation with the British ambassador that up to that time he had done 
nothing upon the subject further than telling Count Nesselrode that 
Great Britain would probably at some future day feel obliged to 
object to some of the provisions of this ukase. The replv made to 
him was that in such case the matter must be made the subject of a 
negotiation. 

1 am in daily expectation of learning what arrangements the Presi- 
dent may have been pleased to direct. Mr. Poletica, who is charged 
by the Imperial Government with the lalioring oai" upon this occasion, 
is not unfrequently in(|uiring whether there are yet any instructions 
received which might authorize the conferences invited ])y Count 
Nesselrode. 

I have the honor to be, sir, ver}" faithfully, your obedient servant, 

Henry Middleton. 



[Inclosure to No. 29. — Translation.] 
Count Nesselrode to Mr. Middleton. 

St. Petersbceg, Augustus, 182S. 

Sir: On quitting St. Petersburg the Emperor charged me to announce to you that 
as he had given me orders to follow him on his journey he had authorized Mr. Pole- 
tica, actual counsellor of state, to begin with you, sir, the conferences relative to the 
differences which have arisen lietween Russia and the United States in consequence 
of the new regulation given to the Russian American Comi>any by the ukase of his 
Imi)erial 3Iajesty dated September 4 (IH), 1821. 

These conferences will have for their aim to prepare the way for the definitive 
adjustment of these differences, and I doubt not they will facilitate this result so 
eagerly desired by the Emperor. 

I seize with pleasure the occasion which is offered to me of repeating to you, sir, 
the assurance of my most distinguished consideration. 

Xesselrode. 



Extract of a letter from 2L\ 2[!ddleton to 2fi\ Adams. 

No. 32.] St. Petersburg, Novtijd>tr 1 {13), 1823. 

Shoi'tly after the receipt of the instructions contained in No. IH I 
had several conferences with Mr. Poletica, as well as with Sir Charles 



58 DIPLOMATIC CORRESPONDENCE 

Buifot. upon the .-subject rctVi-red to in that despatch. I found that 
the'^tirst named of the.se gentlemen had no powers to co;^<?/*/(/t' anything, 
and that he was imerely authorized to hold deti pom' parJers^ in other 
words, to disc-uss the matter. I very soon discovered, too, that a very 
o-reat divergence of opinion between him and me upon all points rela- 
tive to the Northwest (|uesti()n must rend-^r fruitless all attempts at 
coming to an understanding "vVA h'nn. 1 was not sorry, therefore, 
when "an incident enal)led me to decline further conference until it' 
could be reiu'wed with a b«>tter prospect of success. Sir Charles, upon 
referring to his full powei'. of which a copy is herewith sent, discovered 
that it had only relation to the maritime question. It became neces- 
sarv, then, to remedy this before he could proceed in the business; 
and accordingly a special messenger was despatched by him for the 
purpose of obtaining the requisite full powers. I availed myself of 
the circumstances to decline further conference with Mr. de Poletica, 
and all i)r()ceedings remain suspended until an answer to Sir Charles's 
despatches can be received, which may be expected al)Out the middle 
of becember. 1 am hopeful, from the conversations I have had with 
him. that a perfect understanding respecting the common objects 
desiral)le to be attained l)v the two countries in this negotiation will 
be etiected through him. In the meantime I have prepared a confi- 
dential memoir upon the Northwest question, to ])e ready against the 
return of the Emperor. 



Extract of a lttt< i- froui J/r. Jfi'ddleto?i to Mr. Adams. 

So. 33. J St. Petersburg, Dea-mher 1 {IS). 1823. 

I have prej)ared. and shall deliver in on the lirst tit occasion, for His 
Imperial Majesty's inspection, a confidential memoir on the Northwest 
<luestion. and 1 now forward a copy of it. marked {>/). The subject 
nuist l)e trite to you: but I have found here that it is indispensable to 
make some statement of facts and principles in this case before 1 can 
proceed further in the negotiation. I hope you will approve of the 
course I am pursuing and that you will tind that 1 have stated cor- 
rectly both facts and pi-inci])les. I felt it to be necessary to broach the 
sul)ject in this mode. Ivuowing the erroneous impressions which prevail. 
I have now great hopes, notwithstanding the unfavorable appearances 
which this atiair has worn for a few weeks past, that it may take a new 
turn and that I may yet be enal)led to succeed in attaining the main 
objects of the negotiation. 

Sir Charles Bagot is now daily expecting the return of his messenger 
with new powers and instructions respecting the same matters. I 
mentioned in my last, and I now repeat, that I have a reasonal)le 
expectation that he will be instructed to pursue the course of policy 
so obviously pointed out by the true interests of England and suggested 
by a sense of the pi-opriety of thiru/ con.siste/d, and of persevei'lng in 
the i)rinciples which marked the Xootka Sound contestation. Neither 
he nor I foresee any ditKculty in reconciling and adjusting the interests 
of (Mil- i-espective countries upon this question. 



RELATING 1() TREATY OF 1824. - 59 

I IiU'losure to No. 33. — Translation.] 

CONFIDENTIAL MEMORIAL. 

"Great men never fear The truth, and wish nothing to be concealed from them.'— t .V( h/c>(/(/(Vm.) 

OhseiTciiions upon the riglit.^ and chiiuifi of Spai)), of Riiiixin, of England, and of the tinted ' 
iStates, relatUc to the vrM count of XortJi America; and n pan the 7t lease of September 4: 
(Id), 1821. 

The part of the New World f^ituated towards the north of the great ocean has been 
explored and known very much later than any other iinrtion of the same continent 
in the torrid and tetnperate zones, by reason of its greater distance from Europe, 
whose navigators can only arrive thither by doubling Cape Horn or that of the Good 
Hope. 

Yet Spain, about the end of the sixteenth century, and in the course of the seven- 
teenth, had pushed her discoveries even in these remote regions; and already, in 
1692, claimed the exclusive property of the coasts which she had there discovered, 
in virtue of grants made by an authority respected at the time, and wdiich continued 
to be so until she acquired the right of jirescription over these possessions. 

About this last time, but a little later, in 1697, the Russians penetrated by Siberia 
as far as Kamtschatka; and from thence, embarking at the ports of ()khotsk and 
Avatcha, between the years ITlOand 1741, they pushed their discoveries in the north- 
ern latitudes of the great ocean. From these discoveries Russia derives her rights to 
that long chain of islands intervening between the western and theeastei'ii continents, 
and even to a very considerable portion of the continent of America — rights which 
have never been contested. 

Although the navigators of England, from Drake, in 1578, to Cook and Vancouver — 
that is, for more than two centuries — had frequently visited these coasts, either to 
make discoveries there or for trade, yet she never announced having any pretensions 
there whatever until in the year 1790, when a very sharp dispute broke out with 
Spain relative to Nootka Sound. 

The summary of what passed between the courts of England, Spain, and Russia at 
the time of the discussion of that question may serve to throw light upon the respec- 
tive ])retensions of these powers. 

This difference arose from the seizure of an English vessel from Macao to trade for 
peltries. After the discoveries of Cook, in 1778, Nootka began to be considered as 
the principal market for furs of the northwest coast of America, and the enormous 
profits of this trade had, after some time, brought thither a great numl;er of Euro- 
jiean and American navigators. 

The court of Madrid, fearing le.st the English or Russians should attempt to fix 
themselves at Xootka, had given order to form an establishment there. ]\lr. Marti- 
nez, charged with that onler, arrived in this port on the 5th of May, 1789. He 
found there in fact one English ship, one Portuguese, and two American. He seized 
all four. Two months after the English ship Argonaut arrived, umler the conunand 
of Captain ( 'olnet. He imparted to the Spanish commander the order of his (lovern- 
nient, of which he was the Itearer, to estaljlish a factory at that place, and there to 
build a frigate and a schooner, in order henceforth to prevent every other European 
nation from taking part in the fur trade. , 

^Martinez represented in vain that, long before Cook, Perez had first ancho.-ed in 
this i>ort. The dispute grew warm between the two officers, and Martinez, to make 
good his title of priority, I'aused to be arrested Colnet, and sent him ]>risoner to 
San Bias. 

It is unnecessary to the object of these oV)servations to pursue the di.'^cussion which 
took place between the courts of London and Madrid in consecpience of the act of 
^Martinez. It will be sufHcient to refer to note ('0 for some particulars of this rubject 
and to cite here the letter of Count Fernan Munez to M. de ^Montmorin, secretary of 
the department of foreign affairs of France, under date of June 15, 1790: 

"1 have the honor of addressing to you below a faithful extract of all the transac- 
tions l)etween my court and that of London on the subject of the detention of two 
English ships, which were seize<l in the l)ay of St. Lawrence or Xootka, situated to 
the north of California, under the 50th degree of latitude. 

"By this relation you will be enabled to judge, 1st, that by treaties, boundary 
lines, taking possession, and by all the most decided acts of sovereignty exercised by 
the Spaniards upon these regions from the reign of Charles II, and authorized by 
tliat monarch in 1692, the proofs of which will be produced in the course of this 
negotiation, all the northv\'est coast of America on the side of the Pacific Ocean, as 



(50 DIPLOMATIC CORRESPONDENCE 

far a.« to the other ^ide of what is called Prince William Sound, under the 61st 
defrree of latitude, is recofrnized as helonfring exclusively to Spain; 2dly, that the 
court of Kussia, having ha<l knowlediure of this extent of our limits, did not hesitate 
to trive assurances to the Kinji, my master, of the purity of his intentions on this 
subject, and added that he regretted exceedingly that the repeated orders given to 
prevent the violation of the territory of a foreign power by the subjects of Russia had 
been,disol»eved." 

It is proved by the pieces produced in this discussion that the claims of Spain 
extended to the other side of Prince William Sound, situated in the (ilst degree of 
north latitude; and that tlie court of Russia, having had information of the extent of 
these limits, has declareil that she had no intention of oitjiosing it; that she had even 
added expressions of regret that her repeated orders to prevent the violation of the 
territory of Spain by Russian subjects should liave been disobeyed. 

It is "then demonstrated that Russia in the year 1790 was far from forming any 
territorial claim for herself upon the continent of North America on this side of the 
tilst degree of north latitude. 

The principle u])on which England insists is, that the Northwest coa.st of America, 
north of the actual establishments of Spain, ought not to be deemed to belong exclu- 
sive! v to '(;/// Kiiroi)ean. 

Thus Kngland did not, like Russia, admit tlie exclusive claims of Spain as far as 
the til St degree: aud it appears that, in consequence, she took for the basis of her 
stipulations in the treaty of tlie 28th of October, 1790, the principle that the rights of 
freely navigating and tishing in the Pacific Ocean, and of trading with the natives of 
the eoa.st, by landing in the unoccupied places and there making establishments, 
are common to all nations. The oth article, moreover, stipulates that in all parts of 
the Northwest coast of North America, or of the adjacent islands, situated to the 
north of the ])arts of said coast occupied by the Spaniards before the month of April, 

1789, as well in the places restored as in tliose where the subjects of one of the two 
powers shall come to form estal)lishments, the subjects of the other shall have free 
acce.«s, and shall Carry on their trade without trouble or molestation. Besides, sev- 
eral other articles of immediate interest to the two nations, but which involve no 
general i)rinciple, were agreed on. 

From what precedes, it will be readily perceived what was the relative position of 
the three pf)wers in their claims upon the Northwest coast of America in the year 

1790. Russia confined herself on tlie other side of the 60th degree of north latitude, 
whilst Spain and England had conventionally fixed their respective rights in all the 
parts of the Northwest coast situated from the last establishments of Spain to the 
south of Cape Mendocino, to the 60th degree, inclusive. 

Nine years after the Emperior Paul granted to the Russian American Company (see 
note /*) certain exclusive privileges of commerce on these coasts as far as the 55th 
degree of north latitude (see note c), e.iclasire, it must be believed, in respect to other 
Unsxldii s-it')je(is simply, for Russia had never claimed sovereignty of the part of this 
coast situated on this side of the 60th degree, to which, on the contrary, she had 
recoKuizeil the rights of Sjiain; and in the year 1799 several nations, and especially 
the I'nited States of America, for more than twelve years had pursued a free and 
uninterrupted trade with the natives of this coast, from which, consequently, the 
ukase of that State neither ought nor could exclude them. 

It is dlHicult to be^-onvinced of the fact that such was the intention of the ukase 
when attention is paid to the declaration of Russia (known to all Europe) of which 
we have made mention before. 

Yet, to be enabled to judge if the claim of having exclusive rights upon all the 
coast, even to tlie 55th degree, coulil be justified by facts, it may l)e useful to take a 
ha>!ty review of the discoveries of Russia in the EaMcnt Ocean "as to them, and, for 
tiiis purpose, let us refer to note d, \vAri\y extracted from the work of M. Levesijue. 

It appears by this extract that Behring and Tschirikoff are the onlv Russian navi- 
gators who touched at the continent of America, on this side of the 60th degree, pre- 
vious to the year 1790; and it is even on this sole circumstance that a foundation was 
nia<le for forming a claim to the dis-coverv and the pf)Ssession of this coast. It is 
allege<l "that in 1789 the Spanish packet San Carlos, commanded bv Captain de 
Ilaro, found, ni latitude 4.s° to 49°, Russian establii^hments to the nuniber of eight, 
iiiakinj.' in all twenty families, or 468 individuals." But it mav be answered, that it 
IS more than twenty years since M. de Fleurieu demonstrated, 'in the learned histor- 
ical introduction to the voyage of Captain .^larchaud, that there must be in this 
recital an error of ten <legrees of latitude at least, and that, instead of 48° to 49°, it 
ought to read 58° to 59°. It is even very probable that that is not the onlv error 
which IS in the relation, fr)r that story firiginates from two private letters, the one 
written from San Bias, the other from Mexico, communicated to a French con.sul in 



RELATING TO TREATY OF 1824. Gl 

one of the port;? of Spain, and by him to the minister of marine in France. The 
dates are, October, 178S, and Aujjust, 17S9. Now, we have jnst seen that in the fol- 
lowinif year Russia confirmed tlie riirhts t>i Sp.ain as far as tlie other side of Prince 
Williani's Sound, in the lutitude (il deyfrees. It can scarcely, then, l)e necessary to 
lay more stress upon tlie tritlinu' importance of the alleged circumstance. 

It apiiears tliat Tschirikofi" never landed, but having api)roached the coast without 
knowing if it were the continent or an island, and having successively sent his long 
boat, and then his cano?, he lost both, together with the men who were in them, 
whom he believed to be mas.sacred l)y the natives of the country, and then he 
returned to Kamtschatka. Behring, on his part, discovered and examined the bay 
(strait) which bears his name. 

I'ajitain Vancouver learned, in 1794, from tlie Russians themselves, uiton the si)ot, 
that their most easterly establi.-hment wa- then at port P>hes, in irnirh'iu Brook 
island ( Tcluitclui island of the Russians, and MoijiJoleiui of the Spaniards, in latitude 
60° 25^), where thn- were estalilished the jireceding summer, and that tJic coutiuent 
in the vicinity of that place was barren and tiiilnJiohitrO. 

From these" facts, incontestibly proved by historical documents, an irresistible con- 
clusion follows, which agrees with the declaration of Russia in 1790; and it ought to 
appear definitive that she had no right to claim, either under the title of discovery 
or of possession, on tJie continent east or south of Behring's Strait, about the 60th 
degree of north latitude. 

Moreover, the note [e] on the diplomatic communications between the Govern- 
ment of the United States and Russia, fin this subject, will make known what were 
the ideas of the Imperial minister during the year ISIO. It will be perceived, by the 
recital of what passed in the conferences of Sejjtember and (;)ctober of that year, that 
the Imperial (i )vernment was then undecidel what side it should have taken defini- 
tively, for foreign commerce, on the northwest coast, either Russian or Spanish, of 
North America. It will also be remarked that the (xovernment of the United States 
had, till then, principally insisted on the difficulty of pronouncing in a case where 
Spain ought to have claims. This scruple proves, at least, how attentive it was not 
to do prejudice to the right of a third. 

In expH't-ition of the decision which thus remained in suspense the commerce of 
the United States increased very considerably in these latitudes. It is easy to prove, 
even by the authority of Russian voyagers, what the extent of this commerce was. 
Among others, M. Lisianski had remarked, from the year 1804, that the Russians 
could collect as many as eight thousand otters' skins annually, in the bay of Sitka, 
if they had the means of excluding the Americans from this trade, whilst at that time 
they only took from thence about three thousand. (See page 236, English edition.) 
It will be sufficient to add that in the last years there has been sent from the ports 
of the United States, in the season for trade on the not th west coast, as many as sev- 
enteen merchant vessels, which are for the most part in the habit of trading in China 
with the cargoes which they obtain on this coast and in the islands of the Pacific 
Ocean. 

It is now time to consider what can be the foundations of the territorial claims of 
the United States of America upon the northwest coast of their continent. Their 
bordering i)osition to one part of that coast gives them a much greater importance 
for themselves than for any of the powers of Europe. The territory situated west of 
the ancient provinces of the United States presents to them contiguity of possessions 
from the Atlantic to the Pacific Ocean, and will afford their inhal)itants the means 
of establishing communications of internal navigation from the one sea to the other. 

The two shi]is which had lieen seized 1)y ^Martinez were released by him to con- 
tinue the navigation which they had attemjited around the gloV)e. During this 
voyage the sloop Columbia anchored the first in a great river, which had been 
but imperfectly discovered by Quadra, and which Vancouver was unable to find 
again, but which is since known under the name of Colinnbia. An establishment 
has beeii since formed at its mouth, under the protection of the United States, whose 
Government has also sent l)y land for the same destination a military expedition 
under the command of Captains Lewis and Clarke. These officers have visited and 
exploreil the country surrounding this river and its tributaries, and have published 
a chorographical account of it. 

During the last war between the United States and Great Britain the fort situated 
at the mouth of the river was given up to the English, but they afterwards restored 
it to the United States, under the stipulation of the first article of the treaty of peace. 

To the rights acrpiired by that possession, situated on the coast of the continent 
under 46° 15^ of north latitude, and contiguous to their ancient territory, the United 
States have joined those which they derive from the treaty of limits with Spain, 
signed at AVashington, February 22, 1819. By the third article of this treaty His 



(;2 DIPLOMATIC CORRESPONDENCE 

Catlinlii- Maji'stv ceiU's to the Uniteil States all his ri^ihti^, clainis, and in-eteiisions to 
the territDi-ies situated to tlie north of the 42d parallel of latitude, from the source 
of the river Arkansas to the great ocean. 

It may he us»'fui to remark here that the estahlishment at Nootka has l)een aban- 
doned hoth hv Spain and hy Knglaml; and that it appears i)rol)able that these two 
nations have not now any p(isses<ion upon the northwest coast between the42d and 
the tiOth degrees of noitli latitude. 

The Russians have an establishment upon the if^fatid of Sitka," in latitude 57° 50^. 
This fort, built in 1799, was destroyed three years after by the natives of the country, 
and reestablished in 1S04 by Mr.Lisianski, who called it New Archangel. Russia 
can not, however, avail herself of the circumstance of that po.«session to form a founda- 
tion for rights nium Ihr coiifineiit, the usage of nations never having established that 
the oci'upation of an islaml could give rights ujMjn the neighboring continent. The 
principle is, rather, that the islands ought to be considered as dependent upon the 
continent, than the inverse of the proposition. 

It appears, then, that the position of Russia relative to her rights upon the north- 
west coast of America liad not at all changed since 1790. The Russian-American 
Company had enjoyed its exclusive rights granted by the Plmperor Paul. It had 
prosi>ere(l and fornled an establishment in the limits marked out by the ukase of 
1799. It had, however, never jiretended to exclude other nations from a commerce 
sharetl with tliein for so long a ti-me; but it saw with jealousy its ]>rotits diminished 
bv this rivalshij). In fine, it took a violent part, and at length obtained liy its solicita- 
tions the ukase of 4th { KJth ) 8eptend)er, LS2I. 

In speaking of this measure, we shall make it our business to say nothing Imt what 
a[)iiears strictly necessary to set it in its true light, convinced, as we are, that the 
enlightened (Tovermnent from whence it emanates will listen with good will to 
observations conceived with the intention of ol)taining nothing but wliat is just in 
it.self and useful to all interesteil. 

The ukase, by its first three articles, under the form of a grant to a private associa- 
tion, presupi)oses the existence of exclusive territorial rights (a pretensi<in unknown 
till now) on a great extent of continent, with the intervening islands and seas, and 
it forbids all foreign nations from apj^roaching nearer them tlian one hundred Italian 
miles to these coasts. The ukase even goes to the shutting up of a strait which has 
never been till now shut uj), and which is at present the jirincipal object of discov- 
eries interesting and useful to the sciences. 

Tlie very terms of the ukase bear that this pretension has now been made known 
for the first time. 

The following sections relate to the seizure of vessels, and to the proceedings before 
the tribunals against those who infringe the regulation, and might furnish remarks 
worthy of attention as to the right of visit against ships in times of peace, permitted 
even to men-hant vessels, as well as upon otlier points. But it is thought better to 
pass over these matters as simply accessories to the principal point. Nothing is 
inten(le<l but first U) know if the vast territory contained in the limits marked out 
by the ukase is, in fact, incorporated with the Empire of Russia upon admissible 
l)rinci|(les. 

.Ml jurists are agreed upon the principle that real occupation only can give the 
rights t<j the jiroperty and to the sovereignty of an unoccupied country newly dis- 
c<jvered. (See note/.) 

With all the respect which we owe to the declared intention and to the determina- 
tion indicated by the ukase, it is necessary to examine the two points of fact: 1st, if 
the countrv to the south and east of Behring's Strait as far as the 51st degree of north 
latitude is found strictly unoccupied; 2d, if there has been latterly a real occupation 
of this vast territory. 

We have already seen in the summary of the dispute between England and Spain 
what was the deci.sion of Russia upon the first point. It cannot be necessary for us to 
repeat it. 

As to wliat regards the real occupation, one niav be convinced, on having recourse 
to the charts officially iniblished by the Russian Government, that the only estab- 
lishment on thi_s_si(le of the fiOth degree is that which is found on the island of Sitka, 
situate<l under 57° .SO' of latitude, and consequently more than six degrees from the 
southern liiidt lixed by the ukase. 

Thecoiichision which must neces.sarily result from these facts does not appear to 
establish that tiie territory in (|uestion had been lesritimately incorporated with the 
Russian Empire. 



"The Tchinkitaneof the Indians in the Batj of Guadalupe ot the Spaniards in 1775, 
and the xVor/o/A- /% of the Engli.sh of 1787. 



RELATING TO TRP:ATY OF 1824. 63 

The extension of territorial ri>ihts to the distance of a hundred miles from the coasts 
upon two opposite continents, and the ]Mohibition of approaching to the same dis- 
tance from these coasts, or from those of all the intervening: islands, are iiniovations 
in the law of nations and measures unexampled. It must thus be imagined that this 
prohibition, bearing the pains of confiscation, applies to a long line of coasts, with 
the intermediate islands, situated in vast seas, where the navigation is subject to 
innumerable and unknown ditiiculties, and where the chief emi>loyment, which is 
the whale fishery, cannot be compatible with a regulated and well-determined 
course. (See note (j. ) 

The right cannot be denied of shutting a port, a sea, or even an entire country 
against foreign commerce in some particular cases. But the exercise of such a right, 
unless in the case of a colonial system already established, or for some other special 
object, would be exposed to an unfavorable interpretation, as being contrary to the 
liberal spirit of modern times, wherein we look for the bomls of amity and of recip- 
rocal commerce among all nations being more closely cemented. 

Universal usage, which has obtainetl tlie force of law, has established for all the 
coasts an accessory limit of a moderate distance, which is sufficient for the security 
of the country and for the convenience of its inhabitants, but which lays no restraint 
upon the universal rights of nations nor upon the freedom of commerce and of navi- 
gation. (See Vattel, B. I, chap. 2.3, sec. 289. ) 

In the case where this territorial limit would be insufficient, it is always allowable 
to make to it the augmentations which may he desired, by the way of diplomacy, in 
concluding treaties with the nations tliat might be found interested in it, the only 
means of reconciling them to the species of constraint which must necessarily result 
in this case to the maritime powers. 

The only object of these observations is to induce a reconsideration of all this ques- 
tion, in general, on the part of the Russian Government, whose just and reasonable 
disi)Osition can not l)e doul)ted, and to prevail upon it to ado])t the measures which 
its wisdom shall point out to it as most proper to mitigate the inconveniences which 
arise to foreign nations from the decree on the privileges of the Russian American 
Company. 

NOTE (e).<^ 

Abstract of diplomatic communications betn-een the United States and Busfia on the sidjject of 
the trade of tlie northuest coast. 

Count Romanzoff, minister of foreign affairs and of commerce, acquainted the 
charge d'affaires of the Ignited States at St. Petersburg, in the year 1808, "that the 
American Company had represented to him that the ships of the United States, instead 
of trading with the Russian jjo.'^sessions in America, went thither to carry on a clan- 
destine traffic with the savages, to whom they furnished, in exchange for otters' skins, 
lirearms and powder, the use of which, till then unknown to these islanders, had been 
in their hands very hurtful to the subjects of His Imperial Majesty; and that the cit- 
izens of the United States had become themselves the victims of the imprudent spec- 
ulation of their countrymen." (His excellency doubtless meant to speak of the 
destruction of the Russian fort at Sitka, in 1801, of which Mr. Lisianski gives the 
account in his voyage from 1803 to 1806.) His excellency recpiests the charge 
d'affaires to make known these establisJied fads to his (xovernment and to call its 
serious attention to them, adding "that the care it takes of becoming distinguished 
by the scrupulous combination of its interests with those of other powers, and its 
respect for the law of nations, excite the hope that this illicit traffic will meet with its 
disapprobation, and that rigid orders will put a stop to it." 

The charge d'affaires of America, in acknowledging the receij^t of this note, prom- 
ised to convey information of the reclamation to his Government. 

Mr. Daschkoff, charge d'affaires of His Imperial Majesty, renewed, under date of 
January 4, 1810, the same representation to the Government of the United States at 
Washington; and he proposed as a remedy the medium of a regulation of the Gov- 
ernment of the United States which should forbid to their citizens all commerce with 
the natives of the northwest coast of America, and which should confine them to 
trade with the Russian factories in the said latitudes; in a word, he solicited a law of 
the United States, or a convention between the two Governments, to declare all com- 
merce with the natives of the country to be contraband. This negotiation was put off 
to another time, Mr. Daschkoff not being authorized to fix a latitude which might 
serve as a line of demarkation to American vessels that might trade on these coasts; 

"See American State Papers, Foreign Relations, Vol. V, pp. 453-457, for notes 
omitted. 



64 DIPLOMATIC CORRESPONDENCE 

an.l it aj>i)ear.* Ity his letter of April 24, 1810, that he "was under the necessity of 
waitin;,' a,« lonj: as" lie couM to receive correct information nf the grographical situation 
of the Russian fstal)Hshineiits." 

The (ioveriuueut of the United States answered hiui, under date ot May 5, 1810, 
that it would afford the President the utmost satisfartion to come to an equital)le 
arranjiemeut for the counuerce of the United States witli the nati.-es in the Russian 
estiihfishments; l»nt that, tlie instructions of Mr. Daschkoff not havino; authorized 
him to tix a jirecise line of demarkation, the definitive arrangement of this question 
was not at present possible; but that if this obstacle were even removed l)y the full 
powers of his Government, others of a very delicate nature would present themselves 
to it. 

That on the supposition that the natives of the country should be found under the 
jurisdiction of Russia, the United States would have only to abandon their merchants 
to the penalties incurred by tliose who carry on a contraband trade in a foreign 
jurisdiction; that if, on the contrary, the natives ought to be regarded as independ- 
ent tribes, Russia could not prohibit foreigners from trading with them, unless in 
contraband of war and in time of war, in which case she can herself put in execu- 
tion the prohibition on the open sea. 

The same rule may l)e applicable if the natives are considered as rebels or insur- 
gents against the authority of Russia. Uonsidering the subject in this point of view, 
it would be ditiicult for tlie United States, notwithstanding their constant desire of 
giving proofs of their friendship and of their respect toward his Imperial Majesty, 
to receive this ]iroposition by recognizing such a state of things, since, in pronounc- 
ing upon opposite pretensions, they might expose themselves with Spain, whose 
rights upon the northwest coast of America extended to the south of the establish- 
ments of Russia; and, in fine, that if such an arrangement should be proposed to 
Congress it would still want there the basis of reciprocity. In expressing the senti- 
ments of the (Jov.'rnment of the United States, the Secretary of State added the 
expression of the desire that it might l)e found conformable to the benevolent and 
magnanim )us intentions of His Imperial Majesty to favor the commerce of the United 
States, as well with the natives of the country as with the Russian establishments in 
these latitudes, in all the objects which may not be of a nature to be prejudicial to 
either. 

In the month of Septend)er, 1810, his excellency Count Romanzoff, in a conference 
with Mr. Adams, nnnister of the United States at St. Petersburg, explained to him 
his ideas on the commerce of the northwest coast of America. His excellency observed 
that Russia had establishments on this coast from which a very advantageous trade 
with China nnght Ite carried on; that the Imperial Government liad sent thither 
two ships, under the connnand of Captain Krusenstern, who had proceeded from 
thence to China; that, although the port of Canton be open to all the Eurojiean 
nations, the Chinese had refused to adnnt the ship of Captain Krusenstern, under 
the pretext that the Rui-sians had for a long time enjoyed the advantage of an 
exclusive ])rivilege of trade by land at Kiachta, and that they were pursuaded that 
if the Rus>ians had had the intention of changing the route of their trade they would 
have mentioned it lieforehand. Count Romanzoff wished, for these reasons, that 
the trade of the Russian establishments in these parts with China might be carried 
on by the intervention of American sliips; and as these establishments were in the 
vicinity of the natives of the country, a race of men ferocious and dangerous, he 
thought an arrangement po.ssible with the United States by which they might enjoy 
the trade of the establishments, under the restriction of" not furnishing arms and 
munitions of war to the natives in the neighljorhood of these establishments. 

l>on Mr. Adams ol)serving that he woidd wish to know what were the limits in 
which the restriction would ojierate, his excellencv replied tliat this point required 
delii.eration, Imt that the Ru.ssiau charts represented the whole coast to the mouth 
of Cohnnbia River as com])rehendeil in their possessions. 

In a second conference, in the month of October following, Mr. Adams mentioned 
ni detail the difiiculties which opposed an arrangement of the nature of that which 
his excellency the minister of trade wished, who finallv ap])eared to agree that reci- 
procity, at least, was wanting to the restrictions which were demaiided; and as to 
what regards the i)rivilege granted for them, namelv, the trade witli the Russian 
establishments, it was evident that jt aid, in fact, alreadv exist (and it mav lie added, 
by way of parenthesis, that it was a trade without wliicli the verv existence of the 
Russian cfdonies had been often exjiosed). 

r.esides, his excellency has not raised objections to the continuation of tlie trade of 
American ves.sels with the coa.«ts in the neighborhood of the Russian establishments; 
he had even declared that this commerce was open to all friendly nations; he had 
only iiisiste<l on the inconveniences which resulted from their having furnished fire- 



RELATING TO TREATY OF 1824. 65 

arms and powder to the natives. In fine, his excellency observed that, as to what 
regarded the fixing of a limit to the Russian territories, the measure presented great 
difficulties at the moment, and that it would be better to defer this fixing to a future 
time, in order to avoid possible collisions and every pretext of discontent and jealousy, 
for, in the present state of the world, the most ardent wish of his heart was to bring 
all the civilized nations to pacific dispositions and to avoid everything which might 
be cai)al:)]e of sowing discord. 

Mr. Adams saw, al)Out the same time, the memorials of the Russian- American 
Company, in which a territorial claim was advanced as far as the mouth of Columbia 
River. 



2fi'. BukJi to Mi\ Adams. 

No. 353.] London, Decendx^r 19, 1823. 

Sir: Since I last wrote, Mr. Canning has been confined to his house 
by a sharp attack of gout; ne\ ertheless, he wrote me a note the day 
before yesterday inviting nie to call upon him on that day for the pur- 
pose of having our proposed conference on the topic of the Northwest 
coast. I went accordingly and was received by him in his chamber. 

He repeated his wish to learn from me our general grounds upon this 
subject preparatory to his sending off instructions to Sir Charles Bagot. 

I at once unfolded them to him by stating that the proposals of my 
Government were, tirst, that as regarded the country lying between 
the Stony Mountains and the Pacific Ocean, Great Britain, the United 
State, and Russia should jointly enter into a convention, similar in its 
nature to the third article of the convention of the 20th of October, 
1818, now existing between the two former powers, by which the whole 
of that country westward of the Stony Mountains and all its waters, 
would be free and open to the citizens and subjects of the three powers 
as long as the joint convention remained in force. This my Govern- 
ment proposed should l)e for the term of ten years. 

And, second, that the United States were willing to stipulate to make 
no settlements north of the fifty-first degree of north latitude on that 
coast, provided Great Britain stipulated to make none south of 51° or 
north of 55-^^, and Russia to make none south of 55-. 

These, I said, were the principal points which I had to put forward 
upon this subject. The map was spread out before us, and, in stating- 
the points, I endeavored to explain and recommend them by such 
appropriate I'cmarks as 3^our instructions supplied me with, going as 
far as seemed fitted to a discussion regarded only as preparatory and 
informal. 

Mr. Canning repeated that he had not invited me to call upon him 
with any view to discussion at present, but only to obtain from me a 
statement of the points, in anticipation of the opening of the negotiation^ 
from the motive that he had mentioned of writing to Mr. Bagot. Yet 
my statement naturally led to further conversation. He expressed no 
opinion on any of the points, but his inquiries and remarks under that 
which proposes to confine the British settlements within 51"^ and 55- 
were evidentU' of a nature to indicate strong objections on his side, 
though he professed to speak only from his first impressions. It is 
more proper, I should say, that his objections were directed to our pro- 
posal of not letting Great Britain go above 55^ north with her settle- 
ments, whilst we allowed Russia to come down to that line with hers. 
In treating of this coast he had supposed that Britain had her northern 

21528—03 12 



130 DIPLOMATIC CORRESPONDEISICE 

question with Kusslii. as her southern with the United States. He 
couUl see a motive for the Ignited States desiring- to stop the settle- 
ments of Cireat Britain southward: hut he had not l)efore known of 
their desire to stop them northward, and, above all. over limits con- 
ceded to Russia. It was to this ettect that his suu-gestions went. He 
threw out no dissent to the plan of joint usufruction between the three 
powers of the country westward of the Stony Mountains for the period 
of time proposed. 

In the course of my remarks I said that the United States no longer 
regarded any part of that coast as open to European colonization, but 
onh' to be used for purposes of traffic with the natives and for tishing 
in the neighboring seas; that we did not know that Great Britain had 
ever advanced any claim whatever to territory there founded on occu- 
pation prior to the Nootka Sound controversy; that under the treaties 
of 17()8 her territoi'ial rights in America were bounded westward by the 
Mississippi; that if the Northwest and Hudson's Bay Companies now^ 
had settlements as high up as 5-i' or 55^ we suppose it to be as much 
as could be shown, and were not aware how Great Britain could make 
good her claims any further; that Spain, on the contrary, had much 
larger claims on that coast l)y right of discovery, and that to the whole 
extent of these the United States had succeeded by the Florida treaty; 
that they were willing, however, waiving for the present the full ad- 
vantage of these claims, to forbear all settlements north of 51-^, as that 
limit might l)e sufficient to give them the benefit of all the waters of 
the Cohunbia Kiver; but that they would expect Great Britain to 
abstain from coming south of that limit or going above 55^, the latter 

f)arallel l)eing taken as that Iteyond which it was not imagined that she 
lad any actual settlements. The same parallel was proposed for the 
southern limit of Russia as a boundary within which the Emperor 
Paul had granted certain commercial privileges to his Russian-Ameri- 
can Company in 175»V>; but that, in fixing upon this line as regarded 
Russia, it was not the intention of the United States to deprive them- 
selves of the right of traffic with the natives above it and still less to 
concede to that })ower any system of colonial exclusion above it. 

Such was the geneial character of my remarks which Mr. Canning- 
said he would take into due consideration. In conclusion I said to him 
that I should reserve myself for the negotiation itself for such further 
elucidations of the sul)iect as might tend to show the justice and rea- 
sonableness of our propositions. 

I have the honor to be, etc., 



Hon. doiiN QuiNCY Adams, 

Sec)'<'t((rj/ of State. 



Richard Rush. 



Mr. liii.sJi ill 2li\ uldif/iis. 

^'"- 3.jS.] London, Jmnuiry 19, ]S2J^. 

Sir: It was an omission in me not to have stated in my connnunica- 
tion of the 6th instant what are to be the claims of Great Britain on 
the northwest coast of America, though as vet Mr. Canning has not 
made them known to me formally. 

She will claim. I understand, to a point northwards above 55^, though 



RELATING To TREAT!' OF 1824. 67 

how much above it I am not al)le to say, and southwards as h)w down 
as 45>^. Whether she desig-ns to push a ehiim to the whole of this 
space with earnestness I am also unal)le as yet to say, Init wait the 
more full and accurate disclosure of her views. To a portion of it she 
will certainly assert her title with great confidence, and she will be 
chieU}' tenacious of the right which she will allege to settle or colo- 
nize after her own plans, now or in future, all such parts of that coast, 
out of the admitted boundaries of other nations, as she can make good 
her title to. 

She will regard as alike open (standing upon the question of right) 
to her future settlements or colonization any part of the North Amer- 
ican continent, however minute, on the eastern coast, northern coast, 
or elsewhere, heretofore luidiscovered and unsettled l)y other powers, 
and which she has recently explored, or may for the future explore 
and settle, through her expeditions under Farry and Franklin, or 
others that she may tit out by land or water. 

I need scarcely subjoin that I shall resist her claims under the lights 
that 3"0ur instructions ati'ord me and such others as I may be able to 
command; that 1 shall allege and endeavor to prove, from treaties and 
other sources, that the true sovereignty over the whole of that coast 
from the -i^d to the 01st or 60th degree of north latitude is now vested 
in the United States; and that, consequently, if the United States are 
willing to leave to Great Britain her present actual settleirients there 
between .55"^ and 51-, it is as much as the latter power can reasonably 
ask. 

Nevertheless, if the Fresident should think that, as connected with 
an}' part of this subject, further instructions might prove useful to me, 
I ])eg to repeat that I should be thankful to receive them from you, 
taking the chance of their still getting to hand before the negotiation, 
not yet begun, shall rinally close. 

I have the honor to remain, &c.. &c., &c., 

Richard Rush. 

Hon. »IoHN QuiNCY Adams, Secretamj of State. 



E.rtraets of a Idtrr from 21r. Mkldleton to Mr. A(larn><. 

No, 34.] February 5, (17,) 1S24. 

Sir Charles Bagot not having received any instructions from his 
court in relation to the Northwest question up to the middle of Decem- 
ber last. 1 was unwilling to lose anj' further time, and took occasion 
(as I informed you in my last it was ni}- intention to do), from Count 
Nesselrode having expressed an opinion to me, '' qu'il y avoit beaucoup 
de vague dans toute cette question," to assure him that it was far other- 
wise, and to request him to receive for his own and for the Emperor's 
perusal the Corf dent hij Jfeinoridf of w'hich I forwarded you the first 
sketch with my num))er 33. This was put into his hand on the 17th 
I)eceml)er, and will have changed. 1 hope, some of the views enter- 
tained up to that time. I think it must appear clearly to all who exam- 
ine the subject that the acts of this Government in relation to the 
Northwest coast have originated in errors of fact and of theory. 

I have wnthin these few days past been notified by Sir Charles Bagot 
that it is the intention of Great Britain to proceed separately in re la- 



68 DIPLOMATIC CORRESPONDENCE 

tion to this interest. I shall abstain from making any remark ;it pres- 
ent u])on this very unexpected turn in the atlair, but lam hopeful that 
the Imperial Government will now proceed in the negotiation without 
further tielav. as it has always professed its readiness to do. 



J//'. MiddhUm to J//'. Adams. 

Pkivate.] St. Petersburg, 2otIi Fthy. {0. S.),1S34. 

Sir: You will have learnt from Mr. Knsh that England has declined 
treating here conjointly with us in relation to this interest. He 
informed me of it l)y a letter under date of yth January, which was 
not received by me'until the 9th instant (N. S.). He states in the 
same that Mr. Canning intimated to him that Sir Charles Bagot had 
onlv paused under /nij .-<u</^/c.'<tioii.'<. This Mr. Rush himself knew to be 
incorrect, and he ai)pears to have misunderstood Mr. Canning wholly, 
for I have ol)taine(l from Sir Charles a .'<ceref memorandum in Mr. 
Canning's own handwriting, purporting to be a statement of the sub- 
stance of his conversation with Mr. Rush, a copy of which I herewith 
enclose. The letter which contained this paper was dated loth Jany., 
and reed, likewise on the Uth instant. 

In a despatch of the same date, Mr. Canning informed Sir Charles 
that it was not until after he had received from /ihu the account of Mr. 
Hughes's arrival at St. Petersburg, and of our impatience to know 
what might have been agreed upon in London, that he began to sus- 
pect that Mr. Rush might have instructions and powers to negotiate 
f/n /-t with respect to the delimitation of territory; and upon enquiry 
of Mr. Rush he found, much to his surprise, that such was the fact. 
This must have been during the first week in January. The delay 
which this shows is nuich to be regretted, as occurrences had arisen in 
the meantime which were of a character to interpose new dithculties 
in the way of both negotiations. 

In the first instant when this unexpected refusal of England was 
received here, it was much to be apprehended that o?^/' situation would 
have been rendei'cd wors(> by the striking ditierence of views it indi- 
cattnl between thos(> whose interest in this matter might have ])een 
considerc'd until then almost identical. It was to be supposed that 
Russia would avail herself of the circumstance to hold out longer in 
pretensions which were not now jolitth/ resisted. 1 have reason to 
believe, too. that insinuations were not wanting to put the most un- 
favorable construction upon the doctrine we had advanced and to 
make it appear as peculiarly directed against Russia. 1 have been at 
considerable pains in endeavoring to eliace all impressions of that kind, 
and I let it be distinctly understood that 1 should protest in the 
strongest terms against any didimitation of territory without the par- 
ticii)ati()n of the United States. 1 have the satisfaction to say that our 
negotiations eonnneiiced on the Hth instant (O. S.), since which we 
have had only two more conferences. 

I shall not have time to give any details by the courrier now about 
to depart, but I may say that I begin to see a flattering prospect of 
succeeding nearly as well vnthord as we should properly have done 
ir,f], the assistance of our friends beyond Channel. On the whole I 
hav«' much reason to be satisfied with the good will and moderation 



RELATING TO TREATY OF 1824. 69 

evinced towards us by this Govt., notwithstanding- the verv opposing 
attitudes in which we are politically placed. It may be that our frank 
and consistent conduct inspires respect, but our in<ir!f fine force and the 
conse([uent hiqHixsthHIti/ of dlctntion towards us must also be taken 
into the account. It may be very well understood that a course differ- 
ent from that we are pursuing- with regard to Spanish affairs would 
have pleased better, ''but,*' say they, "England has not the same 
strong- reasons for taking the course she does," and accordingly they 
seem to consider lier as less excusable in what she does. 

Whatever may ])e the feeling or views under which they act, I see 
room to hope that the result of our negotiation will be the adoption of 
your project of convention with very little alteration. I suppose that 
our next meeting will enable me to inform you more particularlv. 

I have, etc. 



Hon. John Quincy Adams. 



Henry Middleton. 



[Inclosnre to Mr. Middleton's privjite dispatch of Feb. 2.3, 1S24. Mr. Ciiiniing to Sir Charles Bagot.] 

Secret.] January 7, 1824. 

memorandum. 

The original instruction to Sir Charles? Bagot was to proceed to negotiate with the 
Court of St. Petersburg directly and i^eparately. ■ 

That course of proceeding was suspended in consequence of the intimation received 
through ^Ir. Kush, and probably through Mr. ]\liddleton, that the latter might 
expect instructions from his Govt, to propose uniting the negotiations of the United 
States and Great Britain. 

There was no indis])osition on the part of Great Britain to do this. 

But the principle laid down with respect to colonization in the speech of the Presi- 
dent of the United States (to which Cireat Britain does not assent) must be so par- 
ticularly displeasing to Russia that it may be expected to create some ditHculty in the 
negotiation between Russia and the United States. 

At all events it must interpose a ditficulty to that union of counsels between the 
United States and Great Britain without which concert would not be advantageous. 

Under these circumstances it is not thought advisable to send Sir C. Bagot fresh 
instructions for a tripartite negotiation. 

He is directed to proceed in the course in which he began, and for which alone 
his i^resent instructions and full powers authorize him. 

The settlement lietween the United States and Great Britain stands for five years 
yet to come on the convention of 1818. 



Mr. Wddleton to Mr. Ad<nns. 

No. 35.] St. PetersburCx, Axyr'd 7 {19), 182 1,-. 

Sir: I am here to have the honor of endeavoring to give you a con- 
nected though cursory narrative of the proceedings which have taken 
place during several months past in relation to the negotiation upon 
the Northwest coast question, which has at length terminated in the 
conclusion of a convention, signed with the Russian plenipotentiaries 
upon the 5th (ITth) of this month and now to be forwarded by Mr. 
Lucius Bull, who is to proceed hence for \A'ashing-ton as special 
messenger. 

You are already apprised of the proceedings upon this question hav- 
ing been suspended, in the expectation that Great Britain woidd pro- 



70 DirL<»MATIC CORRESPONDENCE 

ceecl joiiitlv with the Ignited States in the measures to be taken in rela- 
tion to this interest. That such an expectation was not altogether 
o-roundiess will appear from the foilowino- extracts of a note I made 
at the time from two desi)atches addressed by Mr. Secretary Canning 
to Sir Charles Bagot. and read t)y him tome just after receiving- them: 

rpon the fuhjet't of the ukase I have delayed sending you further and more precise 
instructions, in conseiiuence of an intimation from the (Tovernment of the Cnited 
States, throuiih our minister in America, that tiiey were desirous of combining with 
oui-s their representations and negotiations on the subject. 

Another despatch, extracts of which were read to me, stated — 

That a copy of a despatch from His Majesty's minister in America upon the sub- 
ject of tiie Russian ukase was forwarded for his excellency the ambassador's infor- 
mation. It is therein stated that the Government of the United States are desirous 
to join with that of Mis Majesty in bringing forward some jiroposition for the defin- 
itive settlement of this (juestion with Russia. 

But we have no specitii- information as to the views of the American Government, 
^Ir. Rush not liaving yet received any instructions upon the subject. 

It seems i)robable, however, that the part of the question in which the American 
Government is peculiarly desirous of establishing a concert with this country is that 
which concerns the extravagant assunifttion of maritime jurisdiction. Upon this 
point, such a concert as the I'nited States are understood to desire might l)e pecu- 
liarly advantageous.— Dated July 12, 1823. 

With these extracts before me. and frequent opportunities of observ- 
ing how anxious Sir C. Bagot was to have our cooperation, it is not 
surprising that I should be fully under the impression that P^ngland 
woidd willingly adopt a jv)int negotiation. It may be very well under- 
stood why, then, when I discovered that the full power sent over to 
Sir Charles had relation to the maritime (picdiou alone (see the paper 
letteivd A), and when, too, I perceived that Mr. Poletica, who was left 
in the absence of the Emperor and of Count Nesselrode to ^^ Jtold con- 
f> riiicex."' it may well be understood irhij I was Avell pleased to avail 
myself of Sir Charles' want of powders, to decline continuing a negotia- 
tion which could conclude nothing. 1 then waited patiently until the 
return of the Emperor: but linding, in the middle of December, that 
Sir Charles" instructions were not forthcoming, and being unwilling to 
lose any further time, I took occasion, from Count Xesselrode's telling- 
me in conversation upon the subject of the northwest coast question, 
* ■•■ * to beg to otter to his perusal and that of the Emperor a confi- 
dential memoir I had drawn up, a copy of which (in the form in which 
it was presented) I now forward. (See bo'>k lettered A.) I then 
waited anxiously the news we were to have from London. Great, 
iii'lecd was my sui-prise when, on the 0th of Fe))riiarv (N. S.), 1 
received Mr. Hush's letter, dated Jaiuuiry It. (See papers lettered h 
andr.) Mr. Rush therein states that Mr. Canning had intimated to 
him that Sir Charles P):igot had oidy jhuishI nmhr un/ .s,i</(/c.sti(,ns. Mr. 
Rush might have contradicted this, for he nuist have known that the 
fact was otherwise. The first intimations frc^m our Government of 
its desire to concert measures with England had been conveyed through 
Mr. Stratford Canning. 

My first act. upon receiving the notitication that England would treat 
separately from the I'nited States, was to acciuaint l)oth the Russian 
secretary and the British ambassador that if any attem})t was made 
to ni'gotiate upon the territorial (|uestion without' our participation it 
woidd iM'conie my duty to jnotest in the strongest terms. 1 repre- 
sented to Sir Charles: ist. that Great Britain, having no establishment 



RELATING TO TREATY OF 1824. 71 

or possession upon any part of the northwest coast of America, she 
can have no rig-ht or pretension except such as may result from her 
convention with Spain concluded Octoher 28, 1790, and of course she 
can convey to a third jiower no rights, claims, or pretensions except 
such as she herself may have derived from her convention with Spain; 
2d. that th(» United States, in virtue of their convention concluded 
with Spain Fel)ruary 22. ISll), have acquired all the rights, claims, and 
pretensions whatsoever of that power upon the same coast, north of 
the 42(1 parallel of latitude, and that, consequently, the said States 
have concuri-ent rights, claims, and pretensions with Great Britain to 
whatever point hers may be considered to extend; 3d, that therefore 
any convention or agreement which might be made between Russia 
and Great Britain without the participation of the United States must 
be nugatory and null as regards them, and can not divest the said States 
of the rights they enjoy upon that coast. 

To Count Xesselrode I stated that the benefit to Russia, at least of a 
convention with England from which we should l)e excluded, must be 
small indeed. They seemed willing to assume that the territorial ques- 
tion regarded exclusively Russia and England as ''limitrophes" upon 
this coast. This I denied, and contended that the rights of the United 
States, to say the least, were eoncuTrent^'\i\i those of England; and to 
show how little any agreement to which we were not parties would 
avail them, I used the argument of which a condensed statement fol- 
lows in the language we used: 

That su]>posing that England, for hers^elf, renounced the rights which the com- 
munity of the waters which wash these shores gives her, this renunciation can in no 
way prejudice the rights of others. Thus, in spite of her renunciation, these seas 
would remain tree to all other nations, for a convention between two nations which 
stipulate their interests according to their own good pleasure can not have any effect 
either on the principles of the law of nations or on the rights of other nations. It 
will be found, then, that when our citizens go to traffic in the latitudes of the great 
Northern C)cean the Russians can not oppose to them In a raliiJ iiuinvcr the convention 
concluded with Great Britain. The compact with this power would only prove that 
there liad been a dispute and that the two contracting powers had made an arrange- 
ment in this regard, etc. 

Such was the general reasoning I used; and shortly after the cii'cum- 
stance of England having determined to treat separately was known 
here, I received permission to see Count Nesselrode officially, and he 
invited me by note, under date of February 6 (O. S.), stating the fact 
as coumuuiicated to him by the British ambassador, of his Government 
having determined to act ■•<</)(( ra f eh/, and inviting any connnunication 
I might think proper to make. At my solicitation he appointed the 
Saturday following for our first meeting upon the northwest question. 
I was happy to find at this meeting that the Russian Government was 
as well disposed to treat with us as ever. Various conferences have 
since taken place, from my notes of all which (as, in general, no pro- 
tocol was drawn up) I shall endeavor to make a short statement in the 
following sheets. 

FIRST CONFERENCE. 

Count Nesselrode received me ))y appointment, at his own house, on 
Saturday, Fel)ruary 1>, at eight o'clock in the evening. He opened 
the business of the northwest coast negotiation ]>y declaring that he 
l)elieved it would be ttest for us to waive all discussion upon a1)stract 
principles of /■/'(//if and upon the actual state oi facts:,, and that we must 



72 DIPLOMATIC CORRESPONDENCE 

eiuleinor to sottk' tlie ditiVicnce which had arisen between our Govern- 
nient.s "on the basis whicii niioht be found most conformable to our 
IK lit mil 1 II f< rests.'' In answer. 1 stated that I was perfect!}^ ready to 
accede to the course proposed by him, although I felt confident that 
the United States had nothing to apprehend from the strictest exami- 
nation into their claims and pretensions, but that I must reserve to 
myself the right, which he would also of course retain on his part, of 
invoking, occasionally, such principles of national law and of alleging 
.such facts as we might, respectivcdy, deem necessary to the defence 
of the rights and interests of either party. 

He then in(|uired whether I had prepared any j)i'oJef of convention 
for the settlement of the disputed points in this question. 1 placed 
under his eye the two drafts of which the copies herewith sent are let- 
tered I) and E. (See th^ documents. ) He promised that these papers 
.should be submitted to the Emperor at an early day. and we parted 
with an understanding tiiat he would give me notice when I could again 
[see] him upon the same business. 

SECOND CONFERENCE. 

Ha\ing received an invitation from Count Nesselrode. I waited on 
him on \Vedn(\sday. February 20, at one o'clock p. m. I found Mr. 
Poletica with the Count, and a I'cxci'ipt from the Emperor to these 
gentlemen was exhibitt'd to me. empowering them to treat and adjust 
a settlement of the ditierences Avhich had arisen in conse(p;ence of His 
Majesty's ukase of Septem])er \ (1(!). 1821. (See paper lettered f.) 
1 exhibited to them my power from the President of the United States 
to the same effect, and we exchanged copies of the same. Some 
informal talk then arose respecting the general merits of the (piestion 
we had in hand. I shall give a very short statement upon this head, 
>)ecause, according to previous understanding with Count Nesselrode, 
who took no part in it. all discussion of this nature was i>rli'((fr and 
I'.drii ii-ffir'nij. I shall usi> the language in which we spoke. 

M. de Poletica, among other things, has afhrmed that the pretended 
declaration of Kussia. in the dispute between Spain and England on 
the subject of Xootka. is only a gratuitous assertion on the part of 
Spain. It was answer^'d that this assertion, made in the face of Europe, 
had not been denied at the time by Russia, and that from that it is to 
be concluded to be well founded until the proofs of the contrary were 
pi'oduced. 

M. de Poletica has also pretended that the convention of iSllt only 
<.-edes to the United States the rights and i)retensions of Spain to the 
territories f<, th>i'ii><t^\\A t<> thf norf/i of the bouiuhiry line (which would, 
in etfect. be the ])ositi()n of the greatest part of the northwest coast of 
America), so that, according to him, a perpendicular line ought to be 
drawn fiom the point where the forty-seconci i)arallel touches the Pacific 
Ocean: that is to say, that it ought" to follow the imniJIeJ of h>n<i!f)irle 
from this point towards the North Pole for linding the western'limits 
of the United States. But, it has been answered to him. can M. de 
Poletica be ignorant that the forty-second ])arallel of noith latitude actu- 
ally reaches across the great ocean, and that the coasts of the northwest 
are necesssiirily found nil t<> fhr iiorfj, of this pai'allel^ Besides, these 
coasts haying been included in the pretensions of Spain, in the year 
!<'.'< I. as far as Prince Willianrs Sound. f///////.v /.^//vVo/t/ ought actually 



RELATING TO TREATY OF 1«24. 73 

to be c'Oinpri^ied in the cession of the rio-ht.s of Spain to the United 
States. Otherwise it can not be denied that, in the case of the cession 
not liaving been made to tlie L'nited States, then the possession must 
necessarily still belong- to Spain and can in no manner be claimed by 
Kussia, &c. 

After some further desultory conversation upon the same topics, the 
Count put into my hand v^ronfrc projd^ consisting of a translation into 
French of the projet 1 had offered, with some insertions, alterations, 
and additions (see paper lettered q). I ol)served that the insertion in 
the second article was utterly inadmissible, as repugnant to the stipu- 
lations of the former article, and that, instead of the admission of 
American vessels solely to New Archangel, in the third article, 1 should 
propose the commercial principle adopted by the United States and 
England upon the same coast (indiscriminate admission, &c., for a lim- 
ited periocl). That 1 nuist now frankly tell them that my instructions 
required that 1 should ol)tain two points as necessary conditions to the 
third object contemplated l)y the projet of convention. First, the 
revocation, either spontaneous or by convention, of the maritime pro- 
visions of the ukase of September 4 (16). 1S21. Secondly, the adoption 
of the commercial principle (or something similar) agreed upon between 
the United States and Great Britain, in their convention of 1818, in 
relation to these coasts. Thiixll}-, that, tiiese preliminaries being set- 
tled, a territorial det hnitation for settlenients at lift}" -five degrees might 
be agreed upon. 

Upon this Mr. Poletica assured me, with a strong asseveration, that 
Jie would never be brought to sign an instrument containing the prin- 
ciple of free admission iov our s/ups to tJu-^lr coasts^ whatever thf Count 
might think proper to do. He continued to argue warmly against 
anything of the kind. 1 replied somewhat at length, and concluded by 
saying that, unless he coukl be l)rought to change his mind upon this 
point, it was more than probal)le we should be able to do nothing. 
Russia must then be content toZyr^> her uh/se, and other nations would 
only have to see what means they may possess of carrying on the 
northwest trade h) .^ji/'ti- of it. The Uount took no share in this (i-parte 
discussion, and when it conclud(>d 1 told him that I should take his 
contre-projet home with me toconsidei- it and make such further propo- 
sitions as reflection should suggest. We agreed to meet again in three 
da3's. 

THIRD CONFERENCE. 

We met again at 8 o'clock in the evening of Saturday, FeDruary 23. 
when I presented my counter-projet (see paper lettered //). accepting 
the first article, and the second, with the omission of what they had 
inserted upon my lirst projet. With regard to the third article, I 
observed that the proposal of inserting 54- 40' instead of 55-. with a 
view, as they explained it. of preserving to Russia two points of the 
island in which the port, called Bi«(ir<tti h\ the Spaniards, is situate, 
might [not] be absolutely inadmissible, although I should exceed my 
instructions in agreeing to it: but that at all e\'ents I must restore the 
phraseology I had used in the commencement of the article, as we could 
not admit for them or claim foi' ourselves 7 vav.svv.s/V.v^v, except where 
there are actual esta1)lishm(Mits. Count Nesselrode stated that he had 
intentionally introduced the alteration in the phraseology, meaning 
therel)y to secure their settlement near Bodeja (which lies ><outh of the 



74 DIPLOMATIC CORRESPONDENCE 

line of dolimitation) aguinst all possible o])jeetion, if. indeed, they 
should hereafter consider it to he worth their while to eontinue it, and, 
provided also, that neither Sjxirn nor JJcr/c should object to it. He 
woidd now. however, consent to adopt my phraseolooy, since it should 
seem that wiiat lies .soi/f/i of Cape Mendcjcino cannot be correctly con- 
sidered as being- any part of the northwest coast. Coming to the lat- 
ter part of the article as proposed by me. which substitutes, in lieu of 
admission to our vessels at the port of Archangel, a provision for their 
free admission to all jKirtf< of that coast, including a free trade with 
the natives, he appeared to consider this to be utterly inadmissible. 
Upon mv persisting, however, to aver that nothing could be done 
without it. he consented, at least, to take the proposition ad rrferen- 
duiit. I stated I had yet an alternative to offer, which, leaving the 
line of delimitation undecided, might settle all ditticulties on our part; 
and I proposed to let the third article run as set forth in the paper let- 
tered {il). It was not dithcult to perceive that the utmost reluctance 
was felt in admitting the principle of free trade in any form. 1 thought 
it ])robable that this proposition would lead them to appreciate the 
advantage they might derive from delimitation, and prepare to be 
willing to pay the price of it. 

FOURTH CONFERENCE. 

After a fortnight's interruption, I met His Majesty's plenipoten- 
tiaries on Saturday, March S, at S o'clock in the evening. Count 
Nesselrode stated that my last projet had been considered, and that 
there remained very little to be done to bring our projets together; 
that there were but two lines to be omitted and one word to be altered 
[see lines in italic, in paper (//)] viz. the words '^ and the trade with the 
natives of the count ri/" to be omitted and the word *' ten " to be 
exchanged for '\flrc."' I observed that, as the article would in that 
ease i'cmain. it would amount to a stipulation that we should enjoy for 
a very limited period, and as a privilege, what we are now entitled to 
by the law of nature, in connnon with all the independent nations, to 
wit. ihr Jislivries. upon an anoeciqjied coast, less intinitel}' than is per- 
mitted by this same projet upon all the other shores of the great 
ocean, where, by the preceding- articles, as well as bv common right, 
we may land and trade in unoccupied places. 1 therefore must at 
once declare the positiv(> inadmissibility of that proposition, ^^'ith 
regard to shortening the term for which a free trade was reciprocally 
to be granted, I could have no idea that it would ])e seriously pressed, 
being in itself so small an ol)ject. I then begged leave to place under 
his eye a short statement of principles and facts, which might have 
sonie weight in relation to the subject under consideration, and which 
I considered to be incontrovertible. 

See pai)er lettered {I). Having read this with attention, he exclaimed, 
'• ^\ ell. Inrr /s (I eiini',::t,ti<tn. "\Ve must see if 'tis not possible to come 
to an arrangcunent." He then stated that there could, however, now 
remain only on(> mean of accommodating the existing diU'erence. This 
he would state hypothetically (suj^posing the possil/ilitv of the Emper- 
or's permitting the stipulation of a free trade for ten years to be 
agreed to). It was a })ropositioii which j>rrhap.s would "be made to 
me at a future meeting. It would i)e intended to prohibit the trade in 



KELATINCI TO TREATY OF 1S24. 75 

tivearms und aniniunition. He went into a recapitulation of the com- 
plaints of Mr. Daschkoti' and Count Pahlen, on account of the injuries 
arising- from the Hrearms furnished to the natives b_y our citizens. 1 
took occasion here to declare that all these proceedino-s of the Russian 
Government were founded in rn'<ni(:<)\i!< impressions, and arose from 
their having- impi'operly conceived that they had <i r!<j/it to regulate 
our commerce upon a coast which, being unoccupied, was free and 
o})en to all nations. It was clear that they had no right to demand any 
regulation of the kind. He replied, they did not now, of course, 
expect an}' arrangement which should not be marked by reciprocity. 
I remarked that any restriction of the kind would be in many respects 
lia))le to objections; that the tirst which presented itself to my mind 
was that such a regulation could not be carried into etfect without 
admitting a right of search, which was wholly inadmissible in time of 
peace. He replied, they had no intention of proposing anything of 
the kind, for that they would be satistied with the right of UKikhig 
rfprrxcntat/ony to our Government in case of the infraction of the 
regulation which should be adopted b}' our traders. 

1 remarked that if the restriction could be carried into effect as 
regards our vessels and their own, that it would be giving a premium 
to the traders of other nations — for example, to the English or to the 
Dutch, who have considerable possessions west of the Pacific, or to the 
Portuguese of Macao, or to the JVIexicans, since Mexico may now be 
considered as a State — all of whom would enjoy the faculty of carrying- 
on a trade, voluntarily relin(|uished by ourselves, in arms and aumiu- 
nition, articles which appear to be much coveted by the natives of those 
coasts. I was answered that the English were ready to give up, alto- 
gether, the right of trading to the coasts, which would accrue to Rus- 
sia l)y the arrangements about to lie made (a circumstance, by way of 
parenthesis, which was fully confirmed to me by Sir Charles Bagot. in 
a subsequent conversation), and that Russia has the means of influenc- 
ing all other nations to abstain from a trade which would be no longer 
open, except in the form she should please to give it. I still objected 
to the (iiipractkaHnty of the project, and intimated my apprehensions 
that it would only be a pretext for vexations, stating, however, that 
the question was new to me and entirely unprovided for in my instruc- 
tions, but that I was bound, at least, to consider any proposition they 
might think proper to ofi'er. We then parted, the Count promising 
to notify me when I could have another meeting with him. 

SUBSEQUENT CONFERENCES. 

Considerable delay occurred after the conference of the Sth March, 
occasioned partly, as I understood, by the indisposition of the Emperor, 
and ])artly, too, as 1 supposed, to give time for consultation with the 
directors of the Russian American Com])any. At length, on the morn- 
ing of the 22d March, Mr. Poletica called upon me, and stated that he 
had now a project to ofi'er on the part of his Government (see paper 
lettered /), and that he would leave it with me for consideration. 
Among other things, he observed that the prohi])ition of a trade in 
arms and anmiunition would be a sine (pi(( nan. and that the Emperor 
wished, in views of benevolence, to add thereto all kinds of spirituous 
liquors. This was confirmed to me by Count Nesselrode's note of 20th 



76 DIl'LoMATIC CORRESPONDENCE 

^Nlurch (8ee ptiper lettered /n). Mr. Poletica stated that Count Nessel- 
rode proposed to reeeive lue on Monday, the 24th instant, at his house, 
at one o'clock p. ni. 

Aecordinolv I attended on Monday, the 24th March, and oti'ered the 
projet (letttM-ed //). The aruunuMit this day turned generally upon the 
restrictions proposed to l)e inii)osed upon the trade. The sale of arms 
to savag-es. whose blind passions are unrestrained by any moral tie, 
must be equally pernicious to themselves and all who come within their 
reach. The greatest objection to this prohibition appeared to me to 
be that the restriction may be converted into a pretext for vexations 
upon our connnerce. if seizure or confiscation were permitted; and, on 
the other hand, it seemed likely that all other modes of carrying the 
prohil)ition into effect would prove nugatory. I had been told, how- 
ever, that thev would be satisfied with its interdiction under such pen- 
alties as we niight think proper to impose; that in case of infraction 
they would content themselves with repn^xentation.8 to the Government; 
but that, finally, the measure was a xinc qua non. In order to meet 
this proposition, I had drawn up the article as it stands in the projet, 
as. upon the whole, 1 concluded that our Government will prol)ably 
consider the ])r()posal as less objectionable than at a former period, 
from considerations, at least, of reciprocity. n<no that we have an 
acknowledged territory upon the western coast, and when, too, it might 
perhai)s t)e una\ailing to attempt to resist the claims of Hussia. likely so 
soon to be fully sick now ledged l)y Great Britain. 

On the 2Sth Mr. Pole^-ica brought me the projet lettered {<>). It 
now appeared to me that the latter part of the fourth article, "that 
the reciprocal right shall cease," &c., had still too much the appear- 
ance of a sul)stantive stipulation, although 1 had changed it from an 
entire article in their pi'ojet of the 22d of March, so as to stand as an 
accessory to the preceding stipulation of an open trade. In the fifth 
article, their expression "of arbitrary measures" did not appear to 
me to l)e suflicieiitly i)recise. as it left them at liberty to adopt n^yuhi- 
tio/hs and to eai'ry them into effect. Iiecause it could not be said that 
.such regulations were arl)itrarv. For these reasons, I proposed at our 
meeting on the olst that the fourth and fifth articles should stand as 
•set forth in the projet lettered {/>). 

The fourth article became the subject of warm debate during the 
three meetings ui)on the 81st of March and the 1st and 2d of April; at 
the last of which they proposed that I should sign a protocol of the 
tenor of that lettered (y). This was refused by me as asserting what 
was evidently untrue, to wit. that the two forms specified therein 
iiirdiit the i<aiii<' fliiiKi: but I consented to sign another protocol, of 
which one of the originals is forwarded herewith, lettered (/■)• The 
protocol of signatui-e is lettered (.s), and the convention {t). 

S\\i'\\ is the >um and substance of what |)assed in our conferences, as 
extracted from the shoit notes I made directly after each meeting. If 
it should apjH'ar to be meagre and desultory, this nuist be accounted 
for from the circumstance that we had set out disclaiming all regular 
(li.sciis.sini, of right or of fact; and if anything approaching to it was 
resorted to. it was only when I deemed some statement absolutely nec- 
essary to support our pretensions; but in general everything of the 
nature of t/i.sn/.s.sio/, ii))])eared to l)e carefully avoided ))v the adversary. 

1 now beg leave to add a few ol)servations on the couAention as con- 
cluded. 



RELATINCI TO TR?:ATY OF 1824. 77 

In order to judoe e(iuitu])ly the merits of this convention (or indeed 
of any other), it may he necessary to make some allowance for the cir- 
cumstances in which it was negotiated. 

In the very outset of this neootiation the defailo/i of Kngland was 
a circumstance of a character likely to throw great ditiiculties in the 
way of it. 77/-/.S' w^as occasioned, as I am well informed, partly Vj}- a 
conviction that our interests were dilierent from if not directly opposed 
to }i«rs^ and partly, too, by the notion that the cloctrlnc of the Presi- 
dent's message respecting colonization uj>on the Arnerican continent 
nnist be peculiarly displeasing to Russia, and such as would render the 
negotiation much more difhcult for the United States than for (xreat 
Britain. The latter power appears to have given over all thoughts of 
l'e<p!n</ o/x^n the trade upon the Northwest coast of America. Her 
object in this negotiation seems to be to obtain an abandonment of the 
extravagant maritime pretension set up b}- Russia, and at the same 
time to acquire for herself territorial rights over such portion of the 
shores of the American continent as may secure her free egress from 
her interior possessions, lying towards the east into the Pacific Ocean. 
Whenever these rights have been acknowledged, she will probably use 
her accessorial maritime domain for the purpose of excluding other 
nations from trading within her jurisdiction, ^^'ith these prospects 
we must not indulge in the expectation of her renewing the trading 
privilege we now enjoy within her limits, unless it be made the price 
of our acknowledgment of a line of delimitation. 

From the commercial activity which prevails universally at this day 
it is not to be expected that any coasts upon which valuable articles of 
trade are obtained can long continue unappropriated. That this should 
have been the case up to the present time upon the northwest coasts 
of America can be oidy accounted for from the circumstance of those 
regions being of extreme difficult access to all the inhal)itants of Euroj)e 
by reason of their remoteness from that part of the globe; while at 
the same time the wars which have generally absorbed the attention of 
the whole civilized portion of mankind almost continualh" since the 
discoveries of Captain Cook have prevented their importance being 
duly appreciated. In the short period of peace which intervened 
between the first American war and those of the French revolution 
several expeditions were undertaken, which indicate that the general 
opinion of that importance had l)egun to prevail. That of M. de la 
Perouse, and that of ^Nlarchaud, by the French; those of Vancouver, 
and other English navigators; several voyages undertaken by enter- 
prising citizens of the United States, and lastly, the afiair of Nootka 
Sound, all go to prove how general an opinion prevailed of the value 
of the trade in furs, above all, wnth reference to the China market. 
During a length of time the Russians had enjoyed the benefit of sup- 
plving that market with furs obtained either in their Asiatic posses- 
sions or in the American islands, although thev are obliged to transport 
them from Okhotsk by land carriage to Kiachta, thence to introduce 
them by Malmaichin, the only port of ,-ntry for all the ])ordcrs between 
Russia and China. They have been anxious, on account of the delay 
and expense attendant upon this route, to establish a right of admis- 
sion for their vessels into Canton, where all European flags are admitted; 
but they have been hitherto prevented from doing so by some strange 
caprice of the Chinese. 

The confusion prevailing in Europe in 1799 permitted Russia (who 



78 DIPLOMATIC CORRESPONDENCE 

aloiit* sccnis to liiivt' kept luM' attention tixod upon this interest during 
tliat i)eri<Hl) to taice a dceidcd step towards the monopoly of this trade. 
In- the ukase of that date, which trespassed upon the acknowledged 
rights of Spain; but at that Hionient the Emperor Paul had declared 
^var against that country as l>eing an ally of France. This ukase, 
whichls, in its /or///, an act purely domestic, was never notified to any 
foreign State with injunction to respect its provisions. Accordingly 
it aj^pears to have been passed over unobserved by foreign powers, 
and it remained without execution in so far as it militated against their 
rights. The partial success of this measure seems, however, to have 
encouraged the yet more bold assumptions of the ukase of September, 
1821. It may easily be imiigined how much a fanch^d Init equally 
7///y/^>.v/^/rv7 (either by themselves or o\X\QVr>) p(>^xes>it<)n during upwards 
of twenty years must have strengthened the opinion the Russians had 
of their own rights. I have reason to know that even in the Emperor's 
mind this conviction had taken strong hold. When urged both b}' 
England and America to recede from his territorial pretensions, he 
expressed himself ready to undo his own act, but declared that the act 
of his father must be maintained. The tifty-tifth degree was therefore 
a barrier not to be broken through; and a further small addition was 
reipiired because the point of an island was cut off l)v that parallel. 
In consequence of this, it was urgently pressed by the Russian pleni- 
potentiaries to make the line of delimitation run upon the parallel of 
o-t- 40'. a small deviation from the instructions I had received. To 
this I thought I could, without impropriety, accede. To show how 
much importance they attach to the parallel of 54'^ 40', it may now be 
mentioned that it is only upon this point that the negotiation with 
(treat Britain has been broken off. England had agreed to accept this 
delimitation upo/i t/w ishz/ids. but insisted upon carrying her terri- 
torial claim iijini, the co/iti/ic/d up to biS- and some minutes, in order to 
I'etain th(> mouth and course of a river which disemljogues about that 
latitude, and as being necessary to the convenience of certain posts 
established in that neighl)orhood by the Northwest and Hudson's Ba}' 
conq)anies; but Russia has d^^cidedly refused to accede to that delim- 
itation, and Sir Charles has sent for further instructions. 

It \\\'A\. perhaps, be thought that, as certain restrictions upon our 
trade were insisted upon, which were not provided for in any instruc- 
tions, I ought CO have deferred the signature of the convention, and to 
ha\e s(Mit home for further instructions. Such would have been my 
course had I not ai)i)rehended that the (piestion of delimitation l)etween 
England and Russia nuist certainly, long before I could have any an- 
swer, be settled one way or other without our participation, and that 
we should then ha\e no efpuvalent to otler for the trade we covet upon 
their shores, as iKMther of these nations seem disposed to consider as 
valuable any like advantage we may have it in our power to grant. 

It may i)ossil)Iy. too. be objected, upon a superticial view of the con- 
vention, that it surrenders a permanent /-Ight to a community of trade 
upon the northwest coast in exchange for [\ jz/'irilcq,- which is to expire 
in ten years. In answer to this objection, 1 submit that this right nmst 
always have been held subject toextinguishment whenever the mari- 
time domain, incident to actual occupation and settlement, shall be 
ac(|nired by any nation upon those coasts; and 1 beg leave further to 
remai-k upon the same point, that 1 kept it alwavs in recollection that 
when the stipulation of the fourth article, for liberty of trading with 
the natives, shall have expired by its own limitation, these coasts, in 



KELATING TO TREATY OF 1S24. 79 

SO far as the}' may then reuuihi unoccupied, will fall into the general 
categ'ory of nnoccvpled j>hu'es njxm the coast'^ of tJie (/r<<it ocean. 

The Russian plenipotentiaries had been all alono- particular!}' anx- 
ious to introduce into the convention a s'lhstatitlrr stipulation, that the 
privilege to trade upon these coasts should absolutely caixe after ten 
years. An example of this may l)e seen in their })rojet of ]March 22, 
in which it formed the subject of the fifth article. Such a stipulation 
1 perseveringiy resisted in all shapes, declaring that we retained a 
hope that our trade would become valuable and indispensa))le to their 
settlements before the expiration of the period specitied, and that I 
was not authorized to enter into any stipulation of that nature. After 
three conferences, in which this point was the principal subject of con- 
test, they consented to adopt my projet of a fourth article, with the 
explanation to be seen in the protocol of the 2d of April, "that tJie 
■reclprocnJ r'lgh't to ti'ade <i ranted t>[i thhxtipalation can not be extended 
bevond said term but by mutual consent." This appeared to satisfy 
them, although it can by no means change the nature or character of 
the article, and only admits that ihe pr'wllege <i ranted hy the article 
must cease by its own limitation — a proposition sufficiently evident 
from the terms of the article itself, and which can not afi'ect the stipu- 
lations of other articles. As to the imdaal consent necessary to the 
prolongation of the faculty granted by the article, it must be self- 
evident that if tJa(t were not necessary to lt>< evidence in the form 
allowed by the article, the article itself would have been altogether 
without an o])ject. But with regard to tlie trade in anoccupyied places., 
as permitted by the permanent articles, 1 am contident in the opinion 
that all the shores of the great ocean upon which the parties to this con- 
tract have an}^ claim will continue open to them, respectively, for its 
Y)ursuit under these stipulations. 

The specific and particular privileges granted by the article (which, 
upon examination, will l)e found to contain an e.rteni<ion of the general 
privileges embraced by the preceding articles) will, of course, cease 
after ten years, unless renewed by mutual consent. 

The entire article was ottered in conformity to the spirit of the 
instruction, although the tripartite convention anticiptited l)v the 
instruction had not been concluded, because the agreement for an 
open trade upon that portion of the coast claimed by England has yet 
five years to run. 

Such are my views of this subject. 1 have only to hope that I may 
not have mistaken those of my (lovernment. If I have erred in con- 
cluding this convention, which may, indeed, in some degree disappoint 
just expectation. I .shall console myself, knowing that 1 have done so 
under the impression that I was bound to take upon myself the respon- 
sibility of this act, rather than to sutler, through a fear of incurring 
a disavowal of it, that the pul)lic interest should risk a loss by my 
letting pass an opportunity of securing advantages which can never 
again offer. 

You will be aware, sir, how anxiously 1 must expect vour answer, 
l)y which I shall be enabled to ascertain how far the President will 
approve of what 1 have done. 

I have the honor to be, sir, most faithfully, your obedient servant. 

Henry Middleton. 

P. S. — In stating the communication made to me by the British 
ambassador, respecting the determination of his court to treat sep- 



80 DIPLOMATIC CORRESPONDENCE 

arately from the United States with Ru.ssiu. I omitted to mention that 
he at' the same time informed me that he Avas instructed, in case 
he should form a convention with Russia, without our being admitted 
to treat, to insert in it a saving clause for the rights of other states, 
similar to that contained in our convention of October 20, 1818. Since 
the conclusion of the negotiation on our part the British ambassador 
has furnished me with a copy of his instruction ad Imc. (See paper 
lettered r.) tt ^r 

The Secretary of State of the United States. 
No. 35 {a) i^< the f'dl p»nei' of Sir Charles B {(jot. 

No. 35 qj). 
Extract of a tetter from Jfr. Rush to Mr. JL'ddteton. 

London, Decer/Jxr 6", 1823. 

I received, in the course of the past summer, instructions from our 
Government to open negotiations with this Government upon a great 
variety of subjects interesting to the two countries; and amongst otters, 
on that of the Russian ukase of September, 1821, relative to the North- 
west Coast of America. As you are in possession of a copy of the 
Secretary of State's letter to uie of the second [22d] of July, on this 
last subject, I need say nothing at present respecting it. I write on 
this occasion barely to inform you that, as yet, the negotiations have 
not conunenced on any one of the subjects which I have in charge, and 
of course, therefore, this of the Russian ukase remains also untouched. 
As I am instructed to correspond with you upon this subject, as well 
as upon that relating to the suppression of the slave trade, I will take 
care to do so as events may render it necessary and proper after the 
negotiations shall have been entei'ed upon. I have announced to this 
Goveriunent my entire readiness to commence them, but am still unal)le 
to say at what prtn-ise time a beginning will be made. 

I will also ai)prise you in due time of the results that ma}^ attend m\' 
discussions upon all the other subjects. 

Extract <f a htt.r fron, Mr. Rmh to Mr. Mkldleton. 

London, Decemher 22, 1823. 

In an interview that I had with Mr. Canning last week I made known 
to him, as preparatory to the negotiation, the views of our Govern- 
ment relative to the Northwest Coast of America. These, as you 
know, are: 

First, That, as regards the country westward of the Rocky moun- 
tains, the three powers, viz: Great Britain, the United States, and 
Russia, should jointly agree to a convention, to be in force ten years, 
similar in its nature to the third article of the convention of October 
is. IMS, now sut)sisting between the two former powers; and secondly, 
that the United States would stipulate not to make any settlements on 
that coast north of the tifty -first degree of latitude, provided Great 
Britain would stipulate not to make any south of 51- or nortli of ffty- 
1ive; and Russia not to make anv south of 55^. 



RELATING TO TREATY OF 1S24. 81 

]\Ir. Cannino- expressed no opinion on the above propositions fur- 
ther than to hint, under his tir>t impressions, strong objections to the 
one which goes to limit (Ireat Britain northwards to 55". His object 
in wishing to learn from me our propositions at this point of time was, 
as I understood, that he might the l)etter write to Sir Charles Bagot 
on the whole subject to which they relate. 



No. 35 (r). 

Extract of a letter f to in Mr. RasJi to Mr. Mlddleton. 

m 

London. .Jannary 9\ 18^2If.. 

I have heretofore written to you on the Hth and 22d of December, 
and have now to inform you that from interviews which I have had with 
Mr. Canning since the present month set in, 1 lind that he will decline 
sending instructions to Sir Charles Bagot to proceed jointly with our 
Government and that of Russia in the negotiation relative to the North- 
west Coast of America; but that he will be merely informed that it is 
now the intention of Great Britain to proceed separately. 

Mr. Canning intimated to me that to proceed separately was the 
oi'iginal intention of this Government, to which eliect Sir Charles 
Bagot had been instructed, and never to an}^ other; and that Sir 
Charles had only paused under your suggestions to him of its being the 
desire of our Government that the three powers should move in con- 
cert at St. Petersburg upon this subject. 

The presumption of its original course l)v this Government has 
arisen chiefly from the principle which our Government has adopted, 
of not considering the American continents as subjects for future 
colonization by any of the European powers — a principle to which 
Great Britain does not accede. 

I have informed the Secretary of State of the above intention of this 
Government. It will produce no alteration in my endeavors to obtain 
in negotiation here a settlement of the points as between the United 
States and Great Britain, respecting the Northwest Coast, in manner 
as mv instructions lav them down to me. 



No. 35 id). 
State of the Qnestion. 

The United States, by their discovery of the mouth of the Columbia 
river and by their subsequent rc<d occupation and continued possession 
of a district on the same part of the Northwest Coast of America, have 
perfected their right of sovereignty to that territory. 

By the third article of a convention with Great Britain, concluded 
Octol)er 20, 1818, they stipulated ''that any countrv that might be 
claimed by either party on the Northwest Coast of x\merica w^estw^ard 
of the Stony mountains should, together with its harbors, ba3's, and 
creeks, and the navigation of all rivers within the same, be free and 
open, for the term of ten years from that date, to all vessels, citizens, 

21528—03 13 



82 DIPLOMATIC CORRESPONDENCE 

and subjocts. of the two powers, .without prejudice to the claims of 
either party or of any other Stg-re/' 

By a couVention with Si)aiu of February :^<». 1819, the United States 
ac(iuire(l all the rio-hts. claims, and pretensions, of that power to all 
the Northwest Coast lyino- novth o2 the 4-2d parallel of latitude. The 
claims of Spain sippear to have rested on prior dl^cvrery, as far as the 
aitth decree north. So far, then, as prior discovery can constitute a 
foundation of rioht. the >s'ortliwest Coast as far as the 59th degree 
north lieloni^s to the United States by the transfer of the rights of 
Spain. 

Great Britain has no establishment or possession on any part of the 
Northwest Coast. She has. therefore, no right, claim, or pretension 
to any portion thereof, except such as may result f#om the convention 
with Spain concluded October iJS. 1790. It is. then, evident that her 
claim is concurrent with those of the United States, and can only 
reach to whatever point these last may lie considered to extend. 

It a})pears. then, that Russia and England can not make a detinitive 
arrangement without the participation of the United States, or at least 
going to their exclusion. Any agreement which these two powers 
may make will be binding upon themselves, but cannot affect the 
rights of a third power. 

The United States offer to Russia an article of the same import with 
that of Octol)er. 181S. with CJreat Britain, to be in force for the term 
of ten years. By offering fnH> and equal access to navigation and 
intercourse within the limits to which their claims are indisputable, 
they concede nuich more than they obtain. 

^\'ith regard to territorial claim, separate from any system of exclu- 
sion, they are wnlling to agree to the boundary line within which the 
Emperor Paul had granted exclusive privileges to the Russian Com- 
pany, that is to say, latitude 55 . 

If the Russian Government apprehends serious inconvenience from 
iUicit trajfic with their settlements, it may be guarded against by stipu- 
lations similar to those in the annexed projet. 



No. 35 (.'.) 
Pr(>jct ofth.' United Stated of Felyruary 8. 

AitTKLE I. In order to strengthen the bonds of friendship and to 
jni'scrvc in future a perfect harmony and good understanding between 
the high contracting i)arties, it is agreed that their respective citizens 
ancl sul)jects shall not l)e disturbed or molested, either in navigating 
or in carrying on their Hsheries in any part of the great ocean vulgarly 
called the Bacilic or South Sea, or in" landing on the coasts thereof in 
places not already occupied, for the purpose of carrving on their com- 
merce ^yith the natives of the countrv, subject nevertheless to the 
resti'ictions and provisions specified in the following articles. 

AuTicLK II. To the end that the navigation and fisheries in the great 
ocean carried on l)y citizens and subjects of the high contracting 
parties may not be made a i)retext for illicit trade with their respec- 
tive settlements, it is agreed that the citizens of the United States 
shall not land on any part of the coast actually occupied by Russian 
settlements, unless by permissiou of the Governor or commandant 



RELATING TO TRP:ATY OF 1824. 83 

thereof; and that Russi;ui subjects shall, in like manner, be interdicted 
from landing- without p(>rmission at any settlement of the United 
States on the Northwest Coast. 

Articlp: III. It is further agreed that no settlement shall be made 
hereafter on the Northwest Coast of America, or on any of the islands 
adjacent thereto, north of the 55th degree of north latitude, by citi- 
zens of the United States, or under their authority, nor l)y Russian 
subjects or under the authority of Russia, Konth of the same parallel 
of latitude. 



No. 35 {/,) [is (he full power of Count Nesselrode]. 



No. 35 ((/.) 
Counter Projet of Russia of Filjrvai y 20. 

[Translation.] 

Article 1. To cement the bonds of amit}', and to secure, for the^ 
future, a good understanding' and a perfect concord between the high 
contracting- powers, it is agreed that, in any part of the great ocean, 
connnonly called the Pacific Ocean, or iSouth Sea, the respective citi- 
zens or subjects shall be neither disturbed nor restrained, either in 
navigation or in fishing, or in the power of resorting to the coasts 
upon points which may not already be occupied, for the purpose of 
trading with the natives; saving, alwa3's, the restrictions and condi- 
tions determined by the following articles. 

Article 2. With the view of preventing- the rights of navigation 
and of fishing, exercised upon the great ocean b}" the citizens and sub- 
jects of the hig-h contracting- powers, from becoming the pretext for 
an illicit trade with their respective establishments, it is agreed that 
the citizens of the United States shall not resort to any part of the 
coasts alread}" occupied by Russian establishments, or helong/ng to 
]iiis!<!a, fro)u the line of deinarlxat ton pointed out in the article heJov\ 
without the permission of the governor or commander of said estab- 
lishments; and that, reciprocally, the subjects of Russia shall not 
resort, without permission, to any establishment of the United States 
upon the Northwest Coast, /"ycy/i the same lint of demarhation. 

Article 3. It is, moreover, ag-reed that, in the respective posses- 
sions of the two high powers on the Northwest Coast of America, or 
in any of the adjacent islands, there shall not be formed by the citi- 
zens of the United States, or under the authority of the said States, 
any establishments to the north of 54^ 40' of north latitude: and that, 
in the same manner, there shall be none formed by Russian subjects, 
or under the authority of Russia, to the south of the same parallel. 

[With admission of American vessels to New Archangel.] 



84 DIPLOMATIC CORR?:Sl>()NDENCE 

No. 3o(/0. 
Count if Projrt of ihc United States of Fehruary 23. 

[Translation.] 

Ahttclk 1. Tlie tirticlo proposed by the projet of Febriiary 20 is 
accepted. 

Article 2. Same, witli the omission of these words, "(?>' Ix^Jonglng 
to Raxx'in fi'diii tJw lint (f di 111(1 1'l'ation point hI out in the artiele heknv.^^ 
Avords repuonaiit to the stipuhition expressed in the preceding article, 
which grants the power of resorting to points not occupied. The 
•words which terminate this article, "\froni the same line of demarhi- 
tion,'' ought also to be (M'ased. 

Articlk ;->. The moditication of the article which proposes for a line 
•of demarkation fftiifour diyi'asi fortt/ mlnutix instead of 55- may be 
accepted, provided the article be conceived in the following manner: 

It is. moreover, agreed that, hereafter, there shall not be formed 
any estat)lishment upon the Northwest Coast of America, nor in any of 
the islands adjacent to tin- north of 54^ 40' of north latitude, b}^ the citi- 
zens of the United States, or under the authorit}' of said States; and 
on the other side there shall be none formed by Russian sul^jects, or 
under the authority of Russia, to the south of the same parallel. It 
is at the same time agreed, however, that the vessels of the two powers, 
or belonging to their citizens and subjects, luay, reciprocally, frequent 
all the interior seas, gulfs, harbors, and creeks of the said coast, in 
order to carry on tishing {(md trnde irlt/i the natlrcs (f the country]" 
without any hindranee or molestation whatever, during ten [fve] years, 
to be counted from the date of signing the present convention. 



No. 35 (/). 

Second Counter Projet <f the United States of Pchruari/ 23. 

Article 3. The iiigh contracting parties being una])le at this time 
to adjust, to their nuitual satisfaction, a line of demarkation for their 
respective possessions uywn the Northwestern Coast of America, it is 
here))y agreed that ail the said coast to which they respectively lay 
claim, together with all interior seas, bays, and creeks of the same, 
shall remain free and open to the vessels, citizens, and sul)jects of the 
two nations, reciprocally, without prejudice to the claims of either 
party, or of any other State, to the full end and term of ten years from 
the signature of this convention, or until the high contracting parties 
shall liave come to some agreement respecting the aforesaid limitation 
of their j)()ssessi()hs. 



No. 35 {k). 

[Translation.] 
FOURTH COKFERENCE. 



The dominion cannot be acquired but by a real occupation and pos- 
^^ession, and an intention (animus) to establish it is by no means sufficient. 

"Words erased l)y the plenipotentiaries of Russia at the conference of March 8. 



RELATING TO TREATY OF 1824. 85 

Now, it is clear, accoi'dltxj to tJie facts e.stiit>lis/i( d^ that neither Russia 
nor any other European power has the right of dominion upon the 
continent of America between the 50th and 60th degrees of north 
latitude. 

Still less has she the dominion of the adjacent maritime territory, or 
of the sea which washes these coasts, a dominion which is only acces- 
sory to the territorial dominion. 

Therefore, she has not the right of exclusion or of admlxxnni on these 
coasts, nor in these seas, which are free seas. 

The rio-ht of navigating all the free seas belongs, by natual law, to 
every independent nation, and even constitutes an essential part of this 
independence. 

The United States have exercised navigation in the seas, and com- 
merce upon the coasts, above mentioned, from the time of their inde- 
pendence; and they have 'A 2)eifect right to this navigation and to this 
commerce, and thej^ can only be deprived of it by their own act or by 
a convention. 



No. 35 (0. 
Project of a Concent ion offered hy HussUi on Saturday^ Jfarch 2^.- 

[Translation.] 

His Majesty the Emperor of all the Russias and the Government of 
the United States of America, wishing to cement the bonds of amity 
which unite them, and to secure between them the invariable mainte- 
nance of a perfect concord, by means of the present convention, have 
named as their i)lenipotcntiaries to this etlect, to-wit: his Majesty the 
Emperor of all the Russias, his beloved and faithful Charles Robert, 
Count of Nesselrode, &c., and Pierre de Poletica, c^c. and the Gov- 
ernment of the United States of America, Henry Middleton, esquire, 
&c.\ who, after having exchanged their full powers, found in good and 
due form, have agreed upon and signed the following stipulations: 

Article i. It is agreed that in any part of the great ocean, commonly 
called the Pacific Ocean, or South Sea, the respective citizens and sub- 
jects of the high contracting parties shall be neither disturlied nor 
restrained either in navigation or in fishing, or in the power of resort- 
ing to the coasts ui)on points which ma}' not already he occupied for 
the purpose of trading with the natives, saving always the restrictions, 
and conditions determined by the following articles: 

Article ii. With the view of preventing the rights of navigation 
and of tishing, exercised upon the great ocean b\' the citizens and sub- 
jects of the high contracting parties, from becoming the pretext for 
an illicit trade, it is agreed that the citizens of the United States shall 
not resort to any point of the coasts already occu[)ied by Russian 
estal)lishments, without the permission of the governor or conunander 
of said establishments; -tuid that, reciprocally, the subjects of Russia 
shall not resort, without permission, to any estal)lishmtMit of the United 
States upon the Northwest Coast. 

Article hi. It is moreover agreed t/iot. In the resjjectlve posses- 
sions of the two high powers upon the Northwest Coast of America or 
in an}' of the adjacent islands, there shall not be formed b}- the citi- 



86 DIPLOMATIC CORRESPONDENCE 

zens of the United States, or under the authorit}' of said States, any 
establishment to the north of 5-l-^ 40' of north hititndo; and that, in 
the same manner, there shall be none formed by Russian sul>jects, or 
under the authority of Russia, to the south of the same parallel. 

Akticle IV. It is. nevertheless, understood that the vessels of the 
two powers, or which belon^- to their respective citizens or subjects. 
ma}^ reciprocally fre<|uent. without any hindrance whatever, the inte- 
rior seas, o-ulfs. harl)ors and creeks in the possessions of Russia and of 
the Tnited States of America on the Northwest Coast, for the purpose 
of tishino- and tradino- with the natives of the country. 

Article v. This reciprocal right of fishing and of trade is only 
granted for a term of ten years from the date of the signing of the 
present convention, at the end of which term it shall cease on both 
sides. 

Ahticee VI. From this time, fire-arms, other arms, powder, and 
munitions of war of every kind, are alwa3's excepted from this same 
conunerce. which the two powers engage not to sell nor alloAV to l)e 
sold to the natives by their respective citizens and subjects, nor ))y any 
person who may be under their authority. 

Article vii. The present convention shall be ratified, and the rati- 
fications thereof shall be exchanged at St. Petersburg in the space 
of . 

In faith whereof . the respective plenipotentiaries have signed it, and 
thereto afiixed the seal of their arms. 

Done at the of the vear of Grace 1824. 



No. 35 (m). 
Count Nesselrode to Jlr. Iliddhtort. 

[Translation.] 

The undersigned. Actual Privy Counsellor, Secretary of State direct- 
ing the administiation of Foreion Aftairs, has had the honor to mention 
to Mr. Middleton. Fnvoy Extraordinary and Minister Plenipotentiary 
of tiie United States of America, the desire which the P^mperor had of 
seeing arms, munitions, and spirituous liquors excepted from the arti- 
cles of which the reciprocal trade might be declared free during ten 
years with the nativ(\s of the Northwest Coast of America, by the con- 
vention which Russia and the United States are upon the point of 
concluding. 

The undersigned hastens to assure Mr. Middleton, by writing, that 
the inunediate i)roiiibition of the trade in arms and munitions with the 
natives is a condition to which his Imperial Majesty attaches the high- 
est importance, a condition the a])sence of which Avould not permit him 
to give his assent to the rest of the treaty. 

As to the prohibition of the trade in spirituous liquors the Emperor 
eagerly desires that it should be i)ronounced. and he does not doubt 
that Mr. Middleton and the Government of the United States [will] 
receive in the most favorable manner this wish, dictated by motives of 
humanity and morality. 

TIk' undersign(Hl embraces with pleasure this occasion of repeating 
to Mr. :\Iiddlet()n the assurance of his most distinguished consideration. 

Nesselrode. 
St. Petersburc;, March 20, 1821^. 



RELATING TO TREATY OF 1824. 87 

No. 35 (/O- 

Vl'njrf offhr Fu'tfrd St<d,'S nf 2f<ireh ^.^. 
[Translation.] 

His Majesty the Emperor of all the Ru.ssias and the President of 
the United iStates of America, wishing to cement the bonds of amity 
which unite them, and to secure l)etween them the invariat)le main- 
tenance of a perfect concord, by means of the present convention, 
have named as their plenipotentiaries to this ett'ect. to wit: his Majesty 
the Emperor of all the Russias, his beloved and faithful Charles Robert, 
Count of Nesselrode. c^c, c^cc, and Pierre de Poletica. c^c. &q., and the 
President of the United States of America, Henry Middleton. a citizen 
of said States, and their Envoy Extraordinary and Minister Plenipo- 
tentiary near his Imperial Majesty; who, after havino- exchanged their 
full powers, found in good and due form, htive agreed upon and signed 
the following stipulations: 

Article i. It is agreed tint in any i^art of the great ocean, com- 
monly called the Pacific Ocean, or South Sea. the respective citizens 
and subjects of the high contracting parties shall be neither disturbed 
nor restrained either in navigation or in fishing, or in the power of 
resorting to the coasts upon points which may not already be occupied 
for the purpose of trading with the natives, saving always the restric- 
tions and conditions determined l)y the following articles. 

Article II. With the view of preventing the rights of navigation 
and of tishing, exercised u})on the great ocean by the citizens and sub- 
jects of the high contracting powers, from becoming the pretext for 
an illicit trade, it is agreed that the citizens of the Ihiited States shall 
not resort to any j^olnt irhere there is <( Russian estahlislnncnt, without 
the permission of the governor or commander: and that, reciprocall}', 
the subjects of Russia shall not resort, without permission, to any 
establishment of the United States upon the Northwest Coast. 

Article hi. It is moreover agreed that, hereafter, there shall not 
be formed by the citizens of the United States, or under the authority 
of the said States, any estal)lishment upon the Northwest Coast of 
America, nor in any of the islands adjacent, to the north of 54' -iO' 
of north latitude: and that, in the same manner, there shall be none 
formed by Russian subjects, or under the authority of Russia, to the 
south of the same parallel. 

Article iv. It is. nevertheless, understood that the vessels of the 
two powers, or which belong to their citizens or su))jects, respectively, 
may reciprocally frequent, without any hindrance whatever, the interior 
seas, gulfs, harbors, and creeks upon the said coast, for the purpose 
of tishing and of trading with the natives of the country. But the 
reciprocal right (/ranted hy t/ris artivJe shall cease, on both sides, after 
the term of ten years, to be counted from the signing of the present 
convention. 

Article v. Eire-arras, other arms, powder, and munitions of war 
of every kind, are always excepted from this same commerce permit- 
ted by the preceding article; and the two powers engage, reciprocally, 
neither to sell, nor sutler them to be sold, to the natives, by their 
respective citizens and subjects, nor by any person who may be under 
their authority. It being well understood that, in any case, this 
restriction shall not be considered to authorize, under the pretext of a 



88 DIPLOMATIC CORRESPONDENCE 

contravention of this {irticle. the visit, or the detention of vessels, or 
the sei/Aire of the merchandise, or, in tine, any vexations whatever, 
exercised towards the owners or the crews employed in this commerce; 
the hioh contractino- powers, reciprocalh', reservino- to themselves to 
determine upon the penalties to lie incurred, and to inflict the punish- 
ments due. in case of the contravention of this article In' their 
respective citizens and subjects. 

Aktici.e VI. When this convention shall have been duly ratified by 
his Majesty the Emperor of all the Kussias, on one part, and on the 
other by the President of the United States, with the advice and con- 
sent of' the Senate, the ratifications thereof shall be exchanged at 
Washinoton in the space of ten months from the date below, or sooner, 
if possible. 

In faith whereof, th(> respective plenipotentiaries have signed this 
convention, and thereto affixed the seals of their arms. 

Done at the of the vear of Grace 182-i. 



No. 35 (o). 
Conire Projct of Russici. March '2S. 

[Translation.] 

His Majesty the Emperor of all the Russias and the President of 
the United States of America, wishing to cement the bonds of amit}- 
which unite them, and to secure between them the invariable main- 
tenance of a perfect concord, by means of the present convention, 
have named as their plenipotentiaries to this etiect, to wit: his Majesty 
the Emperor of all the Kussias. his beloved and faithful Charles 
Robert. Count of Nesselrode, &c., &c., and Pierre de Poletica. &c., 
c'cc. and the President of the United States of America, Mr. Henry 
Middlcton. a citizen of said States, and their Envoy Extraordinary 
and Minister Plenipotentiary near his Imperial ^Majesty; who, after 
having exchangcHl their full ])o\vers. found in good and due form, have 
agreed upon and signed the following stipulations: 

AitTK^LE 1. It is agreed that in any part of the great ocean, com- 
moidy called the Pacific ocean, or South Sea, the respective citizens 
or subjects of the high contracting powers shall be neither disturbed 
nor nvstrained either in navigation or in fishing, or in the power of 
resortijig to the coasts upon points which may not already be occupied 
for the purpose of trading with the natives, saving always the restric- 
tions and conditions determined by the following articles. 

AinicLK 2. With the view of preventing the rights of navigation 
and of fishing, exi'rcised upon the great ocean by the citizens and sub- 
jects of the high c-ontracting powers, from becoming the pretext for 
an illicit trade, it is agreed that the citizens of the L^iited States shall 
not resort to any point where there is a Russian establishment, with- 
out the permission of the governor or conuuander: and that, recipro- 
cally, the subjects of Russia shall not resort, without permission, to 
any estalilishnient of the United States upon the Northwest Coast. 

Aktici-k o. It is moreover agreed that, hereafter. th(>r«> shall not he 
fonni^d by the citizens of the United States, or under the authority of 
said States, any establishment upon the Northwest Coast of America. 



RKLATIN(i TO TKFATY OF 1S24. 89 

nor in any of the islands adjiUHMit, to the north of 54 40' of north lati- 
tndo; and that, in the same manner, there shall be none formed by 
Knssian subjects, or under the authority of Russia, to the .so((th of the 
same parallel. 

Article 4. It is, nevertheless, understood that the vessels of the 
two powers, or which belong to their respective citizens or subjects, 
may reciprocally frequent, without any hindrance whatever, the inte- 
rior seas, gulfs, harbors, and creeks upon the said coasts, for the pur- 
l)ose of fishing and tradhig with the natives of the country. But the 
reciprocal right granted ])y this article shall cease, on lioth sides, after 
the term of ten years, to be counted from the signing of the present 
convention. 

Article 5. Fire-arms, other arms, powder, and munitions of war 
of everv kind, are always excepted from this same commerce permitted 
by the preceding article; and the two powers engage, reciprocally, 
neither to sell, nor sufier them to be sold, to the natives by their 
respective citizens and subjects, nor by any i)erson who may be under 
their authority. It is stipulated always that this resti'iction shall never 
be deemed to authorize, under the pretext of a contravention of the 
present article, the visit or the detention of vessels, or the seizure of 
the merchandise, ar, in fine, any arbitrary measures whatsoever exer- 
cised towards the owners or the crews emplo3'ed in this commerce; 
the high contracting- powers, reciprocally, reserving to 4hemselves to 
determine upon the penalties to be incui-red, and to inflict the punish- 
ments due, in case of the contravention of this article by their respec- 
tive citizens or subjects. 

Article 6. When this convention shall have been duly ratified bv 
his Majest}" the Emperor of all the Kussias, on one part, and on the 
other [)y the President of the United States, with the advice and con- 
sent of the Senate, the ratifications thereof shall be exchanged at Wash- 
ington in the space of ten months from the date below, or sooner, if 
possible. In faith whereof, the respective plenipotentiaries have signed 
this convention, and thereto affixed the seal of their arms. 

Done at — : the of the vear of Grace 1824. 



No. 35 (j>). 
Frojet of the United State.'^, J/a/'eh SI. 

[Translation.] 

Article 4. It is, nevertheless, understood that, during a term of ten 
years, to be counted from the signing of the present convention, the 
ships of the two powers, or which belong to their citizens or subjects, 
respectivelv, may reciprocally frequent, without any hindrance what- 
ever, the interior seas, gulfs, harbors, and creeks upon the coast men- 
tioned in the preceding article, for the purpose of fishing and trading 
with the natives of the country. 

Article 5. All spirituous liquors, fire-arms, other arms, powder, 
and munitions of war of eveiy kind, are always excepted from the 
commerce* permitted b}^ the preceding article: and the two powers 
engage, reciprocally, neither to sell, nor sutfer them to be sold, to the 
natives by their respective citizens and subjects, nor b}'' any person 
who may be under their authority. It is likewise stipulated that this 
restriction shall never serve for a pretext, nor be alleged, in any case, 
to authorize either the search or detention of vessels, or the seizure of 



90 DIPLOMATIC CORRESPONDENCE 

the merchandise, or, in tine, any measures of constraint whatever towards 
the merchants or the crews who may carry on this connnerce; the high 
contracting powers, recii^rocally. reserving to themselves to determine 
upon the penalties to he incurred, and to inflict the punishments due, 
in case of a contravention of this article by their respective citizens or 
subjects. 

No. 3.5 iq). 
Pro jet of Protocol. 

[Translation.] 

The undersigned, after having discussed in several conferences a 
projet of convention proposed for removing all the ditierences which 
have arisen between Russia and the United States of America, in con- 
se(iuence of a regulation published by the former of these powers, on 
the 4th (l<;th) September, 1821, definitively drew up the ditierent arti- 
cles of which this convention is composed, added to them their sign 
maiuial. and mutually engaged to sign them as they are found annexed 
to the present protocol. 

In drawing up the Ith of these articles, the plenipotentiaries of 
Kussia recollected that they had proposed to the plenipotentiary of the 
United State* to arrange the said article in the following terms: 

Article 4. "'It is. nevertheless, understood th'at the ships of the 
two powers, or which belong to their citizens or subjects, respectively, 
may mutually frequent, without an}' hindrance whatever, the interior 
seas, gulfs, harbors, and creeks upon the said coast, for the purpose 
of there tishing and trading with the natives of the country. But the 
recii)rocal right granted by this article shall cease, on both sides, after 
a term of ten years, to ])e counted from the signing of the present 
convention." 

Article 4. *'// /\, nevertheless^ The phv! potent kiries of Russia 
understood that, during a term of added, tJud., after agreeing to this 
ten years, to he counted from the arrangement,thr plenipotentiary <f 
signing (f the jm-sent convention, the United Stedes huid after wards 
thes}iip.softJietv.'Op)owers.,m"irhich invited thein to change the ending 
helong to their citizens or subjects, of this very article, and to agree to 
resjpectii'ely, may mutually fre- it as it is transcribed op].)osite* 
quent, without any hindrance udiat- observing that this second arrange- 
ever, the interior seas, gulfs, har- ment, more conforhialde to the letter 
bors.and creels nqyontht' said coast, cf tJte instructions irhich he had 
for the j^arpose of there fsJiing and received, in no iray cdtered the sense 
trading icith the natives <>f the of that whicli had been irroposedby 
country.'" the plenipotentiaries of Russia. 

lliejden i potent iary of the United 
States having repeated this obse7'va- 
tion., the article in question ims 
signed icith the modification which 
he had demanded to be there intro- 
duced. 

After u'hich, all the other articles were cdso signed, and it was resolved 

to j>rnee,'d to the si</n(dure of the convention itself the following. 

I)n,n nt St. P,t,rsburg. the , 1821,,. 

All this in italics rejected, and tilled up as stands in the protocol (;■.) 



RELATIN(} TO TREATY OF 1824. 91 

No. 85 (r). 
Protocol. 

[Tniiislation.] 

The undersioried, after having discussed in several eont'ej'ences a 
projet of a convention proposed for settling all the ditl'erences which 
arose between the United States of America and Russia, in consequence 
of a regulation published by the latter of these powers, on the ith 
(16th) September, 1821, definitively drew up the ditferent articles of 
which this convention is composed, added to them their sign manual, 
and nuitually engaged to sign them as they are found annexed to the 
present protocol. 

In drawing up the -Ith of these articles, the plenipotentiaries of 
Russia recollected that they proposed to the plenipotentiary of 'the 
United States to arrange the said article in the following terms: 

Article 1. ''It is, nevertheless, understood that the ships of the 
two powers, or which belong to their citizens or sul)jects, respectively, 
may mutually frequent, without any hindrance whatever, the interior 
seas, gulfs, harbors, and creeks upon the said coast, for the purpose 
of there fishing and trading with the natives of the country. But the 
reciprocal right granted bj^ this article shall cease, on both sides, after 
a term of ten years, to be counted from the signing of the present 
convention." 

The plenipotentiaries of Russia added, that, after agreeing to this 
arrangement, the plenipotentiary of the United States had afterwards 
invited them to change the ending of this very article, and agree to it 
as it is found signed in the convention, observing that this second 
arrangement, more conformable to the letter of the insti'uctions which 
he received, is the only one which he thinks himself authorized to sign; 
l)ut, moreover, that this arrangement does not essentiallv alter the 
sense of that which had been proposed by the plenipotentiaries of 
Russia, because, at the end of the term mentioned, the stipulation 
ceasing equally by the two arrangements, the reciprocal power of 
trading granted by that stipulation cannot be prolonged beyond the 
said term but by mutual agreement. 

Under these observations the article in question has been signed, 
with the modification which the plenipotentiary of the United States 
had demanded to be there introduced. 

After which, all the other articles were also signed respectively, and 
it was resolved to proceed to the signature of the convention itself on 
the fifth following. 

Done at St. Petersburg, April 2, (14,) 1824. 

Henry ]Middleton. 

Nesselrode. 

poeetica. 



No. 35 («•). 

Protocol. 
[Translation.] 

The undersigned, having engaged by the protocol of their last con- 
ference to sign on the 5th April of the present year the convention of 



\)'2 DITLOMATIC CORRESPONDENCE 

which they .sig'iied all the articles, assembled this day at two o'clock in 
the aftern )on. at the hotel inhabited by Count Nesselrode, and after 
havino- duly collated with the said articles the two copies of the con- 
ventitm which they had caused to l)e -prepared, they have attached to 
}>oth their respective siunatures and the seal of their ai-ms. 
Done at St. Petersburi>-, April 5, (17.) 1824. 

Henry Middleton. 

Nesselrode. 

p. poletica. 



No. :]'> (r.)! [Extract. Mr. Canning to Sir Charles Bagot, post p. l-lt». 



J/y. 2ltddJt'ton to Mr. Ad((in8. 

No. o8.J St. Petersburg, 30 18 Aiujust 182^. 

Sir: * * * ■ ' 

I should not omit upon this occasion to state that Sir Charles Bagot 
has informed me since the Emperor's departure, that no arrangement 
upon the territorial question between Russia and England on the north- 
west coast has taken place, both parties insisting upon the points I 
have stated in a former despatch. The aml)assador having taken his 
leave, and intending to depart in a very short time, all farther nego- 
tiation upon this point nuist of course be left to his successor. 

I can not ([uit this subject without mentioning that I have anxiously 
examined the Congressional proceedings of the last session, hoping to 
discover that some legislative provision might have been made for 
strengthening our establishment upon the northwest Coast. From 
various indications perceptible in the course pursued by England in 
relation to this question, it would appear that her views embrace a 
large jKntion of this Coast, the monopoly of the trade to which she 
will one day or other endeavor to secure to herself, unless her meas- 
ures be counteracted l)y some actual occupation. If in addition to the 
Fort at Astoria, the I'nited States should estal)lish a military post at 
some point within the Strciglits of Fuca, say on the left bank of the tirst 
t)oId river discharging its waters into the interior Sea of which those 
streights form one of the mouths; these tw^o posts, together with the 
southern ])()undary secured by our treaty of limits with Spain, would 
establish an undou])ted right to as much of that territory as it would 
ill all ])rob:il)ility be desirable to hold. If some measure of this kind 
Ik' not carried into effect, our noi-thern boundary will, at some future 
time, liecome a matter of dillicult adjustment, and possibly a source of 
angry discussion or even war with Englantl. 

* * * X- ' * -X- * 

1 have, etc., 

Henry Mii)])leton. 



Mniixtri' of F'niiinci' to tin- Board of Ad in lit i'<t rat ion <f the Bussian- 

AiHrrican C 'ontpany. 

St. Petersburg, Septemher ^, 1824. 
Th(> roinmunicatioii of the 12tli June, 1824, presented to me by the 
Directors of the Coiui)aiiy, containing their remarks on the conse- 



RELATING TO TREATY OF 1S24. 93 

quences which may result from the ratification of the Convention con- 
chided 5th April, 1824, between our Court and the North American 
Kepn])lic, was communicated by me at that time in the orioinal to the 
Minister in charo-e of the Ministry of Foreign Affairs. Ha\'int>' now 
received from him the information that the recorded Protocol of the 
proceedino-s of the Special Cbnnuittee which examined this subject by 
Imperial order has received the full and entire approval of His Imperial 
Majesty. 1 think it necessary to conununicate to the Board of Admin- 
stration of the Russian -American Company, for their information, 
copies of the a1)ove-mentioned connnunication of Count Nesselrode to 
me, and also the proceedinjjfs of the Committee of the 21st July, 182-I-. 
inclosed in it. together with a draft of a comnmnication to me, prepared 
by his Excellency: which was also read in the a])ove-named Committee 
and was left unsigned after it had been given tinal consideration. 

From these documents the Board will see that, for the avoidance of 
all misunderstandings in the execution of the above-mentioned Con- 
vention, and in conformity with the desire of the Company, the neces- 
sary instructions have already been given to Baron Tuvll, our Minister 
at Washington, to the effect that the north-western coast of America, 
along the extent of which, by the provisions of the Convention, free 
trading and tishing are permitted suV)jects of the North American 
States, extends from 54"" 40' northwards to Yakutat (Bering's) Bay. 

Lieutenant-General Kankrin. 

Ifinlster of Finance. 

Y.'Drushinin, Director. 



1)IPL()AIAT[C C0RRE8P0NDENGE RELATING TO THE 
TREATY OF l^'^r) BETWEEN GREAT BRITAIN AND 
RUSSIA. 

11(1 roil Xii-nhtij fot/i<- Miirtjiiixnf L<>)i(l<)ii<lc'rry, — {JRectl red Norctiiher 12.) 

LOXDKES, Jc 31 Oct oh re {12 Noveiiihre)., 1S21. 

Le Sous.sio-ne, Envoye Extraordinaire et Ministre Plenipotentiaire 
do Sa Majesto rEmpereur de Toutes les Kiissies, s'empres.se. de 
s'aeqiiittcr aupros de son Pvxcellence M. Je Marquis de LondoiKknny 
des ordres (|iril vieiit de recevoir de sa Cour en portant Ji la connais- 
sance du INlinistere Britannitjue la conmuinication siiivante. 

All moment de renouveler le privilege de la Compagnie Riisse-Ameri- 
eaine et de soiimettre a line revision les Reglemens concernant ses 
operations eommerciales. le (Touvernement Imperial a du voiier line 
attention particuliere aux plaintes auxquelles ont plus d'unet'ois donne 
lieu les entreprises de contrebandiers et d'aventuries etrangers sur les 
eotes nord-ouest de IWiuerique appartenant a la Russie. II a ete 
reconnu que ees entreprises n'ont pas seulement pour objet un eommcrce 
t'rauduleux de pelleteries et aiitres iirticles exelusivement reserves a la 
Compagnie Russe-Amerioaine, mais (|u'elles paroissent souvent meme 
trahir une tendance hostile; attendu que des gens sans aveii viennent 
tournir des amies et des munitions aux natiirels dans les posessions 
Russes d'Amerique, et qiiMls les exeitent en quelque- sorte a la resis- 
tance et a la revolte eontre les autorites qui s'y trouvent etablies. II 
etoit done essentiel e'opposer des mesures severes a ces menees, et de 
garantir la Compagnie eontre les prejudices sensibles qui en resultoient 
pour elle, et c'est dans cette vue que le Reglement ci-joint vient d'etre 
publie. 

Apres avoir ainsi expose les motifs qui ont dicte ee Reglement, le 
Soussigne a ordre d'v ajoutor les ex])lications suivantes. 

Le nouveau Reglement n'interdit point aux Imtimens etrangers la 
navigation dans les mers qui baignent les possessions Russes sur les 
eotes nord-ouest de rAnieri(|ue et noi'd-est de I'Asie. Une defense pa- 
reille, qui'l n'eut pas ete dillieile d'ai)piiyer d\ine force navale suflisante, 
auroit ete a la verite le moyen le plus elHeace de proteger les interets de la 
Compagnie Russe-Americainc, etelle sembleroit en outre fondde sur des 
droits incontestables. Car, d\in cote eloigner une fois pour toutes, des 
plages indi(|iiees ei-dessus, les navires etrangers, e'etoit faire cesser a 
jamais les entreprises coiipa])les (pril s'agit de prevenir. D'un autre 
cote, en considi'rant les ])ossessi()ns Russes qui s'etendent, tant sur la 
cote no)-d-oiiest de rAmeri(iue, depuis le Detroit de Behring jusqu'au 
51- de latitude septentrionale, que sur la cote opi)osee d TAsie et les 
lies adjacentes. depuis le meme detroit jusqifau 45', on ne sauroit dis- 
emenir quo I'espace de mer dont ces possessions forment les limites ne 
reunisse toutes les conditions que les publicistes les plus connus et les 
mieux accredites ont attachecs a la detinition (rime mer ferinee, et que 
94 



♦ 



RELATING TO TREATY OF 1825. 95 

par consequent leGouvernenientRusse ne se trouve part"ait(Mn(>nt auto- 
rise Ti exeroer sur cette mer des droits de souverainete, et nomnn'nient 
eelui d'interdire Tapproehe aux etrangers. Cependant, quek[ue inipor- 
tantes (jue fussent les considerations que reclanioient une seniblahle 
mesure, quelipie leo-itiniequVlle eut ete enelle nieme, le Gouvernenient 
Inip;'rial n'a pas voulu. dans cette occasion, t'aire usage d'une t'aculte qui 
lui assurent les titres de possession les plus sacres. et (jue contirnient 
d'ailleurs des autorites irrefrag-al)les. Ils'est l)orne aucontraire.coiriUie 
on a lieu de s'en convaincre par le Reglenient nouvellement public, a 
([efendre a tout batinient etranger. non seulement d'aborder dans les 
Etablisseniens de la Conipagnie Americaine, comnie dans la presqu'ile 
du Kanitchatka et les cotes de la Mer d'Ochotsh, niais aussi de naviguer 
le long de ces possessions et en general, d'en approcher a une distance 
de 100 niilles d'ltalie. 

Des vaisseaux de la marine Imperiale viennent d'etre exp.'dies pour 
veiller au maintien de cette disposition. P]lle nous paroit aussi legale 
qu'elle a etc urg-ente. Car, s'il est demontre que le Gouvernenient 
Imperial eut eu a la rigueur la faculte de termer entierenient aux 
etrangers cette partie de TOcean Pacitique, que l)ordent nos posses- 
sions en Amerique et en Asie, a plus forte raison le droit en vertu 
duquel il vient d'adopter uno mesure beaucoup moins generalement 
restrictive doit ne pas etre revoque en doute. Ce droit est en effet 
universellement admis, et toutes les Puissances Maritimes Font plus 
ou moins exerce dans leur systeme colonial. Entin, I'usage que le 
Gouvernenient Imperial vient d'en faire en faveur de la Compagnie 
llusse Americaine, ne sauroit prejudicer aux interets d'aucune nation 
attendu qu'il n'est guere a supposer, qu'outre les exceptions specitiees 
dans notre Keglement, un Aaisseau etranger ciuelcon<|ue puisse avoir 
des motifs reels et legitimes pour relacher aux Etal)li>semens Russes. 
La Cour Imperiale aime done a esperer que les Puissances auxquelles 
ce nouveau Reglement est communique reconnoitront les considera- 
tions majeures qui lui ont servi de base, et que, par une suite des 
relations de paix et de bonne harmonic qui subsistent entre elles et la 
Russie, elles n'hesiteront pas a imposer ti leurs sujets respectifs le 
devoir de s'}" conformer strictement, aiin de prevenir les inconveniens 
auxquels une contravention de leur part donneroit lieu necessairement. 

Les officiers commandant les batimens de guerre Russes qui sont 
destine a veiller dans TOcean Pacilique au maintien des dispositions 
susmentionnees, ont reyu Tordre commencer a les mettre en vigueur 
envers ceux des navires etrangers qui seroient sortis d'un des ports de 
I'Europe apres le i'''" Mars, 1822, ou des Etats-Unis apres le 1^'' Juillet. 
A dater de ces epoques aucun navire ne pourra plus legalement pre- 
texter Tignorance du nouveau Reg"lement. 
Le Soussigne saisit, &c. 

Le Baron de Nicolay. 



[Translation.] 



Baron Nicolay to tJic 21ar<ju/,^ of Lor(d<>u(I< ny.- — {Etcelvtd Noi'tiu- 

hcr 12). 

London, Odohtr J 1st (Norcuk-r 12), 1821. 
The undersigned, Envoy Extraordinary and Minister Plenipoten- 
tiary of His Majesty the Emperor of all Russia, hastens to make known 



\*G DIPLOMATIC CORRESPONDENCE 

to His Kx(('lleiK-v the xVIarquis of Londomli'iTV the orders which he 
liiis just received from his Court l)v brinoiuo- to the attention of the 
British Ministry the followiuii' eoinimuiication. 

On the point of renewing- the i)rivik\oe of the liussiiin-Aiiierican 
Company and sul)uiittino- to a revision the rules conoernino- its eoin- 
inercial operations, the Imperial Government was obliged to devote 
special att(Mition to the complaints to M'hich the undertaking of .smug- 
glers and foreign adventurers on the north-west coast of the America 
hclonging to Russia have moiv than once given rise. It has been rec- 
ognized that thost' undertakings have not only as an object a fraudulent 
trade in furs and other articles exclusively reserveil to the Russian- 
American Coni})any. but that they appear even often to betray a hostile 
tendency: inasnuich as vagabonds comeand furnisharms and aiiMUuni- 
tion to the natives in the Russian Possessions of America and as they 
excite them to a certain extent to resistance and rebellion against the 
nuthorities which are established there. It was then essential to oppose 
severe measures to those proceedings and to guarantee the Comj)any 
iigainst the considerable losses which resulted from them, and it is 
A\ ith this view that the regulation herewith has just been published. 

Having thus set forth the motives which have dictated this regula- 
tion, the Undersigned is instructed to add to it the following 
explanations: 

.The new regulation does not forbid foreign vessels to navigate in 
the seas which wash the Russian Possessions on the North- West Coasts 
of America and North-East of Asia. Such a prohibition which it 
would not have been difficult to support with a sufficient naval power, 
would have been, in truth, the most efficacious way to protect the 
interests of the Russian American Company, and it would seem besides 
to be based on unquestionable rights. For, on the one hand, to keep 
away foreign vessels, once for all from the coasts mentioned above 
was to stop forever the guilty enterprise the prevention of which is 
under consideration. On the other hand, in considering the Russian 
Possessions which extend I)oth on the North- West Coast of America 
from Behring's Straits to 51"- of north latitude and on the opposite 
coast of Asia and the adjacent islands from the same straits to the 45"^, 
it cannot be denied that the space of sea of which those possessions are 
the limits does not unite all the conditions which the best known and 
l»est accredited publicists have applied to the detinition, a close sea 
(une mer fermee) and that consequently the Russian Government does 
not find itself a])s()lutely authorized to exercise on that sea rights of 
sovereignty and especially that to forbid the approach of foreigners. 
Nevertheless however important were the considerations which 
(icnianded such a course, however justifiable it was in itself, the Impe- 
rial (lovernment did not wish, on that occasion, to make use of a privi- 
lege which the most sacred titles of possession assure to it and which 
moreover unquestionable authorities confirm. It contented itself, on 
the contrary, as ma}^ be seen by the regulations newh' published, with 
forbidding all foreign vessels, not only to land at the Estal)lishments 
of the American Company and on the peninsula of Kamtchatka and 
the coasts of the Sea of Ochotsk, but also to navigate along those pos- 
sessions, and, in general, to approach them within a distance of 100 
Italian miles. 

2. Some vessels of the Imperial Navy have just been despatched in 
order to enforce the maintenance of that provision. It appears to us 



KELATIN(i TO TREATY OF 1825. 97 

as lawful as nri>ent. Because, it" it is (leinoustratcd that the Iiui)erial 
Goveriunent had had, strictly spciikiiiu'. tiie riyht to close eutirely 
to t"orei.ii,"iiers this part of the Pacific Oceau which hounds our 
possessions in America and in Asia, with greater reason, the ri^ht 
in })ursuance of which it has just adoi)ted a measure far less o-eneraliy 
restrictiv(> shouUl not be called in question. This riuht is, in fact, 
universally admitted and all the Maritime powers have more or less 
exercised it in their colonial system. 

Finally, the use that the Imperial Government has just made of it 
in favor of the Russian-American Company, could not he prejudicial 
to the interests of any nation, l)ecause it is scarcely to l)e supposed 
that l)eyond the specified exceptions in our regulations, any foreign 
vessel could have real and legitimate grounds for putting into Russian 
Establishments. The Imperial Court would gladly hope that the 
Powers to whom this new regulation is communicated will recognize 
the strong reasons which have served as a basis for it, and that, in 
virtue of the relations of peace and good harmon}' which exist between 
them and Russia, they will not hesitate to impose on their respective 
subjects the duty to strictly conform themselves to it in order to pre- 
vent the inconveniences to which a contravention on their part will 
necessarily lead. 

The officers commanding the Russian men of war who are destined 
to enforce in the Pacitic Ocean the execution of the said provisions, 
have received the order to begin to put them" in force against the for- 
eign vessels which may depart from European Ports after March 1st, 
1822 or from the United States after July 1st. From these dates no 
ship can legally pretend ignorance of the new regulation. 

The Undersigned avail, etc. 

Baron de Nicolay. 



Count Liercn to the ITarqnis of Londonderry. — {Received JVovemhcr 30.) 



Le Comte de Lieven presente ses compliments Ji Milord London- 
derry, et a Thonneur de transmettre ci-joint a son Excellence la copie 
qu'elle lui a demandee de la depeche de M. le Comte de Nesselrode, en 
tlate du 7 Octobre, f<uh No. 39. 

Harley Street, Londre^^ Je 29 Xoremhre, 1821. 



[Inclosure 1.— Circulaire.] 
Count Xesselrode to Cox id Lieren. 

Saixt-Peter8bourg, le 7 Octobre, 1821. 

M. LE Comte: Au inoiiient de renouveler le privilege de la Campagnie Eusse- 
Americaine, et de soumettre a une revision des Regleniens coneernant ses operations 
eoninierciales, le Gouvernment a du vouer une attention particuliere aux plaintes 
auxquelles out plus d'une fois donne lieu les entreprises de contrebandiers et aven- 
turiers etrangers sur les cotes nord-ouest de TAmerique appartenant a la Russie. 

II a ete reconnu que ces entreprises n'ont pas seulenient pour objet un commerce 
frauduleux de pelleteries et d'autres articles exclusivement reserves a la Compagnie 
Russe-Americaine, mais qu'elles paroissent souvent meme traliir une tendance hos- 
tile; attendu que des gens sans aveu viennent fournir des amies et des munitions aux 
naturels dans nos possessions d'Amerique, et qu'ils les excitent en quelque sorte a la 
resistance et a la re volte centre les autorites qui s'y trouvent etablies. 

21528—03 14 



98 DIPLOMATIC CORRESPONDENCE 

II etait done ey^entiel d'oppoger des mesures severes a ces menees, et de garantii- 
la Coiunagnie contre les prejudices sensible? qui en resultoient pour elle; et c'est dans 
c'ette vue que le Keglement ci-joint vient d'etre publie. Les Missions Imperiales sont 
invitees a le porter a la eonnaissance des (Touvernenients au])res desquels elles sont 
ai'en'dites, et a leur exposer les Jiiotifs (jui I'ont diete en y ajoutant les explications 
suivantes. . , .... 

Le nonveau R^glenient n'interdit point aux batimens etrangers la navigation dans 
les uiei-s (jui baignent les possessions Russes sur les cotes nord-ouest de TAnieriijue 
et nord-est de 1' -Vsie. I'ne defense pareille qu'il n'eut pas etc difficile d'appuyer d'une 
force navale sutlisante, auroit ete, a la verite, le inoyeii le plus efficace de proteger 
les intcrcts de la C'onipagnie Russe-Aniericaine, et elle sembleroit en outre fondee 
sur des droits incontestables. Car, d'un cote eloigner une fois pour toutes, des plages 
indi(]Ui'es ci-dessus, les navires etrangers, c'etoit faire cesser a jamais les entrejirises 
coupables qu'il s'agit de prevenir. D'un autre cote, en considerant les possessions 
Russes qui s'etendent, taut sur la cote nord-ouest de 1' Amerique, depuis le Detroit de 
Behring jus(]u'au 51° de latitude septentrionale, que sur la cote opposce de I'Asie et 
les ilesa<lja(entes, depuis le nieme (k'troit jusqu'au 45°, on ne sauroit disconvenir que 
I'espace de nier<lont ces possessions torment les limites ne reunisse toutes les con- 
ditiniis <iue les publicistes les plus connus et les mieux accredites ont attaches a la 
dt'tiiiition <rinu' nirr fenii/e, et (jue par consequent le CTOUvernement Russe ne se trouve 
parfaitement iiutorise a exercer sur cette nier des droits de soverainete, et noinmement 
celui d'en interdire I'approche aux etrangers. Cependant quelque importantes (jue 
fussent les considerations (pie reclamoient une semblable mesure, quelque legitime 
(|u'elle eut ete en elle-meme, le Gouvernement Impeiial n'a pas voulu, dans cette 
f)Ccasion, faire usage d'une faculte cpie lui assurent les titres de possession les plus 
sacres, et <)ue contirment d'ailleurs des autoritcs irrefragables. II s'est borne, au 
contraire, comine on a lieu de s'en convaiiicre jtar le Reglement nouvellenient pub- 
lie, a di'fendre a tout batiment etranger, iion seulement d'aborder dans I'Etablisse- 
ment de la Coinpagnie Americaine, corame dans la presqu'ile du Kanitchatka, et les 
cotes de la Mer d'Ochotsh, mais aussi de naviguer le long de ces possessions, et, en 
general, d'en ajiprocher a une distance de 100 milles d' Italic. 

Des vaisseaux de la marine Imperiale viennent d'etre expedies pour veiller au 
niaintien de cette disposition. Elle nous paroit aussi legale qu'elle a ete urgente. 
Car s'il est demontre que le Gouvernement Imperial edt en a la rigueur la faculte de 
fermer entiereinent aux etrangers cette partie de 1' Ocean Pacitique, que bordent nos 
possessions en Amerique et en Asie, a plus forte raison le droit en vertu diiquel il 
vient d'adopter une mesure beaucoup moins generalement restrictive, doit ne pas 
etre revoque en doute. Ce droit est, en effet, universellement adrais, et toutes les 
Puissances Maritimes I'ont plus on inoinsexerce dans leur systCme colonial. Elntin, 
I'usage que le (Touvernement Imperial vient d'en faire en faveur de la Compagnie 
Russe-.-Vnu'ricaine, ne sauroit prejudicier aux interets d'aucune nation, attendu qu'il 
n'est guere a supposer, qu'outre les exceptions specifiees dans notre Reglement, un 
vaisseau etranger (|Uelconque puisse avoir des motifs reels et legitimes pour relacher 
aux Ktablissemens Russes. Nous aimons done a esperer cjue les Puissances aux- 
(luelles ce nouveau Reglement va etre communique reconnoitront les considerations 
majeures (|ui lui ont servi de base, et que, par une suite des relations de paix et ile 
bonne harmonic qui subsistent entre elles et la Russie, elles n'hesiteront pas a im- 
])o.ser a leurs siijets respectifs le devoir de s'y conforiner strictement, afin de pre- 
venir les inconveniens auxcjuels une contravention de leur part donneroit lieu 
neces.«airement. 

Sa Majeste 1' Km pereur desire que les Missions obtiennent ce resultat en s'acquit- 
taiit lie la coimnunication que leur prescrit la presente Circulaire. 
Recevez, &c. 

Nesselrode. 

^'- i^-— Kn dressant les instructions pour les ofhciers commandant les batimens de 
guerre Rus.ses qui sont destines a veiller, dans 1' Ocean Pacilicjue, au maintien des 
dispositions nouvellenient arretees a I'egard des Ktablissemens de la Compagnie 
luis.>;e- Americaine, le (iouvernement Imperial est jiarti de la supposition qu'un navire 
etranger (jui auroit. fait voile d'un des ports de I'Europe, apres le l^'' Mars, 1822, ou 
d nn des ports des Etats-Cnis, apres le 1" Jnillet de la meme annee, ne pourroit plus 
jega ement i.ntexter 1' ignorance du nouveau Reglement. Nos inarins ont done reeu 
lonlrede regler en conse<|uence leur conduite (piant a I'epoque a (later de laquel'le 
Us auroient a mettre en vigueur les dispcjsitions susmentionn('>es. 

Nous cr(iyons devoir communiquer ces notions additionnelles aux Missions Imp(?- 
riales, en les invitant a les [)orter egalenient a la connoissance des Gouvernemens 
aui.rrs (lesquels elles sont accr<:-ditees, afin de compk'ter ainsi les informations 
rentermees dans la Circulaire de ce jour. 

[Indosure 2 is the imperial Russian ukase of September 4, 1821, see mite page 25.] 



EELATING TO TREATY OF 1825. 99 

[Translation.] 

Count Lieven to the Marqvh of Londondtrry. ^Received Novcinher 30.) 

Count Lioven presents his conipliments to Lord Londonderry and 
has the honor to transmit herewith to His Excellency the Copy which 
he has asked of the despatch of Count de Nesselrode, dated Octol)er 7, 
No. i^9. 

Harley Street, London^ Koveinhei' '29., 1821. 



[Inclosure 1.— Circular.] 
[Translation.] 

Count J^essdrode to Count Lieven . 

St. Petersburg, Octoher 7, 1821. 

On the point of renewing- the privilege of the Russian-American 
Company and submittino- to a revision the Rules concerning- its com- 
mercial operations, the Government was obliged to devote especial 
attention to the complaints to which the undertaking's of smug'glers 
and foreign adventurers on the North-West coasts of America belong- 
ing to Russia have more than once given rise. It has Vjeen recognized 
that the undertakings have not only as an object a fraudulent trade in 
furs and other articles exclusive!}^ reserved to the Russian-American 
Company, l)ut that they appear even often to betray a hostile tendency; 
inasnuu'h as vagal)onds come and furnish arms and ammunition to the 
natives in our possessiot^s of America and that they excite them to a 
certain extent to resistance and rel)ellion against the authorities which 
are established there. 

It was tlien essential to oppose severe measures to those proceed- 
ings, and to guarantee the company against the consideral)le losses 
which resulted from them and it is with this view that the regulation 
herewith has just })een published. The Imperial ^lissions are invited 
to inform the Governments near which they are accredited and to set 
forth the motives which have dictated it, adding the following 
explanations. 

The new regulation does not forbid foreign vessels to navigate in 
the seas which wash the Russian Possessions on the North-West coasts 
of America, and North-East of Asia. Such a prohibition which it 
would not have been difficult to support with a sufficient naval power, 
would have been, in truth, the most efficacious way to protect the 
interests of the Russian-American Compan}^ and it w^ould seem besides 
to be based on unquestionable rights. Eor, on the one hand, to keep 
aw^ay once for all from the coasts mentioned above foreign vessels, 
was to stop forever the guilty enterprises the prevention of which is 
under consideration. 

On the other hand, in considering Russian Possessions which extend 
on the North-West Coast of America from Behring's Straits to 51° 
of North latitude, and on the opposite coast of Asia and the adjacent 
islands, from the same straits to the 45°, it cannot be denied that 
the space of sea which those possessions are the limits does not unite 
all the conditions which the best known and l)est accredited publicists 
have applied to the definition, a close sea (une mer fermee), and that 



100 DIPLOMATIC COKRESPONDENCE 

consiMiuentlv the Kussiun (Tovernnient does not tind itself absolutely 
authorized to exercise on that sea rights of sovereionty, and especiall}^ 
that to forbid the approach of foreigners. Nevertheless however 
important were the considerations which demanded such a course, 
however justifiable it was in itself, the Imperial Govei-nment did not 
wish, on that occasion, to make use of a privilege which the most 
sacred titles of possession assure to it and which moreover unquestion- 
aV)le authorities confirm. Jt contented itself, on the contrary, as may 
J>e seen In' the regulations newly published w ith foi-])idding all foreign 
Tcssels, not only to land on the Establishments of the Auierican Com- 
panv and on the p(Miinsula of Kamtchatka and the coasts of the sea of 
Ochotsk, but also to navigate along those possessions, and, in general, 
to approach them within a distance of 100 Italian miles. 

Some vessels of the Imperial navy have just been dispatched in order 
to enforce the maintenance of that provision. It appears to us as law- 
ful as it is urgent. Because, if it is demonstrated that the Imperial 
(Tovernment had liad. strictly speaking, the right to close entirely to 
foreigners this part of the Pacific Ocean which bounds our possessions 
in America and in Asia, with gi-eater reason the right in pursuance of 
which it has just adopted a measure far less generally restrictive, must 
not be called in question. This right is, in fact, universally admitted 
and all the Maritime Powders have more or less exercised it in their 
colonial system. Finally, the use that the Imperial Government has 
just made of it in favor of the Russian- American Company, could not 
be prejudicial to the interests of any nation, because it is scarcely to 
be supix)sed that beyond the specified exceptions in our regulations 
any foreign ^■essel could have real and legitimate grounds for putting 
into Russian Establishments. We would gladly hope that the Powers 
to whom this new regulation shall be conununicated will recognize the 
strong reasons which have served as a basis for it, and that, in virtue 
of th(^ relations of peace and good harmony which exist between them 
and Russia, they will not hesitate to impose on their respective sub- 
jects the duty to strictly conform themselves to it in order to prevent 
the inconveniences to which a contravention on their part will neces- 
sarily lead. 

His ^Majesty the Emi)eror desires that the Missions may o))tain this 
result by making the connnunication which the present circular pre- 
scril)es to them. 

Accept, etc., Nesseleode. 

P- S. — In di-awing up tiie instructions for the officers commanding 
the Russian men of war who are intended to enforce in the Pacific 
Ocean the execution of the provisions recently enacted in regard to 
the Establishments of the Russian-American Company, the Imperial 
Oovernment proceeded on the supposition that a foreign vessel which 
had sailed from one of the European ports, after March 1st, 1822, or 
from one of the ])orts of the United States after July 1st of the same 
year, could not legally pretend ignorance of the new regulation. Our 
seamen iiave then received the order to regulate their conduct as to 
the date from which they should enforce the said provisions. 

^^ e believe it proper to connuunicate these additional views to the 
ImpiM-iid Missions inviting them to bring them to the attention of the 
(iovernment near which they are accredited in order thus to supple- 
ment the information contained in the Circular of this day. 



RELATING TO TREATY OF 1825. 101 

Si/-C. Bdijot to the 2f<ir(jv!s of Londoiidri'nj. — [Received Noveiidjer '21.) 

No. 56.] St. Petersburgh, Wovemhtr 17^ 1821. 

My Lord: In my despatch No, 50 of the 3i'd 0('tol)er, I transmitted 
to 3'oui' Lordship the heads of an Ukase which had been published 
here, respecting- the commerce and navigation of the north-west coasts 
of America, the Aleutian and Kurile Isles, and the eastern coasts of 
Siberia. 

Shortly after the date of that despatch I had an opportunity of 
speaking of this Ukase to Count Nesselrode, and he gave me to under- 
stand (as I then thought) that it woidd be connnunicated to me otticially, 
accompanied by an explanation of its object, and the grounds upon 
which it had been issued. 

After waiting several weeks for this communication, I found that it 
had been alreadj" made through the Imperial Ministers abroad to such 
of the European Powers as might have been supposed to l)e interested 
in the matter, and that it had been dispatched b}' a special messenger 
to the United States. 

The circumstances will, I hope, explain to your Lordship satisfactorily 
the reasons for which I have so long delayed to write more fully to 
His Majesty's Government upon a subject which seems to me of some 
national importance. 

I have not seen, nor do I know the nature of, the communication 
which ma}^ have been made to your Lordship b\' the Russian Ambas- 
sador in London, but in my conversation with Count Nesselrode upon 
the subject, he told me that the object of the measure was to prevent 
the '•'commerce interlope" of the citizens of the United States, who 
were not only in the habit of resorting to the Russian coasts and islands 
in the Pacific, for the purpose of interfering in their trade with China 
in the lucrative article of sea-otter skins, but were also in the constant 
practice of introducing prohibited articles, and especially gunpowder, 
into the Russian dominions in that quarter, that representations had 
been repeatedly made to the American Government upon the subject, 
who had professed to be unable to control their citizens in those distant 
seas, but had intimated that they should not take in ill-part, whatever 
measures the Russian Government might deem it expedient to adopt 
for the protection of their own rights. 

When I found that the I'kase had been already communicated to 
your Lordship I abstained from entering with Count Nesselrode into 
any further discussion of it, or intpiiring of him upon what grounds 
the 51st degree of north latitude (which, after the last Treaty between 
Spain and the United States, reduces the possessions of Great Britain 
to 2- of latitude) had been now declared, I believe for the hrst time, 
to be the boundary of the Russian dominion upon those coasts, but 1 
have adverted to the novel principle involved in that Regulation of 
the Decree which dooms to confiscation all foreign vessels which may 
approach within 100 Italian miles of the Russian coasts, and 1 hnd that 
this extraordinary pretension has l)een adopted from, and is supposed 
to be justified by, the Xllth Article of the Treaty of I'trecht. 

I have the honour to transmit to 3'our Lordship, under a separate 
cover, an English translation of the Ukase, and I at the same time 
inclose a JNlap of the north-west coasts of America, and the Aleutian 
and Kurile Islands, which has been published in the Quarter-Master- 



102 DIPLOMATIC CORRESPONDENCE 

Genoral's Depai'tnuMit hero, and upon which I have marked all the 
principal Russian Settlements." 

I have, c*cc. Charles Bagot. 



Th< Kl)i(fs Advocate to theMcmiuis of Londonderry . — {Received Novem- 

her 22.) 

Doctors' Commons, Novemher 20^ 1821. 

My Lord: I am honoured with your Lordship's commands signified 
in Mr. Plantas- letter of the 15th instant, transmitting a note from the 
Russian Envoy, inclosing a printed copy of an Edict for regulating 
foreign trade with the Aleutian Islands, and other possessions on the 
north-west coast of America, appertaining to Russia. 

And vour Lordship is pleased to request that I would take the tenour 
of the Regulations therein contained into consideration, and report 
thereon for your Lordship's information. 

In obedience to your Lordship's directions I have the honour to re- 
port that it appears to l)e the object of this communication to ol)tain 
indirectly from His Majesty's Government an acknowledgment of 
territorial rights which are assumed by Russia over a portion of sea 
that may become of great importance with reference to the trade of 
that part of the world, and the discoveries which are now directed to 
that quarter. 

Lhe communication indirectlv asserts an exclusive right in the sov- 
ereignty "'d'l/ne //ler/'erj/tee, sur I'espace do mer, dont les possessions" 
(from Behring's Straits to 51° north, on the west coast of America, 
and 45" north on the coast of Asia) ''ferment les limites,'' and it pro- 
ceeds to announce as a qualified exercise of that right the exclusion of 
all foreign ships, under pain of confiscation, from approaching within 
lOc miles of those coasts. 

The extent of territory so assumed is much greater than is ordina- 
rily recognized l)y the principles of the law of nations. And I humbly 
submit whether it may not l)e expedient to declare the intention of 
His Majesty's Government to adhere to those principles, with such 
observations as may l)e deemed expedient to deprecate any infringe- 
ment on the rights of connnerce and navigation that may affect Great 
I5ritain or her su])jects. 

1 have, &c. Christ. Robinson. 



Lord Stowcll to Lord Melville. 

Grafton Street, London, Decernhr 26, 1821. 

Mr Dkah Lord: I have perused these papers, and it appears to me 

t<) be unsafe to proceed to any controversial discussion of'the proposed 

Regulations, till it is shown that they issue from a competent authority 

founded upon an acknowledged title of territorial and exclusive pos- 

" Tins luai) is reproduced in the case of Great Britain, Fur Seal Arbitration, Appen- 
dix. \ ol. 1\ (C'onjrressional Edition, Vol. V, fat-injr pajje 982). It is the same Rus- 
sian map torwarded to the Department of State bv Mr. Middleton in his despatch of 
Nei)tember 21 ].S21 {<mt,-, pajre 31), which is Map No. 6 in the Atlas accompanying 
t he (. a.se of the I nited States. The maps forwarded l)v the two ministers differ 
snghtly ni the written memoranda on their face. 



RELATING TO TREATY OF 1825. 103 

session of the portions of the globe to which the}' relate. 1 am myself 
too slightl}' acquainted with the facts regarding such possession (how 
originally acquired and how su])sequently enjoyed) to be enabled to say 
that upon undisputed principles such a possession exists. It is per- 
fectly clear from these Regulations that it has not hitherto been exclu- 
sive in the extent in which it is now claimed; for they are framed for 
the very purpose of putting an end to foreign intercourses of traffic 
therein, which they denominate UJicit but which they admit existed 
dc facto. 

The territories claimed are of different species — islands — portions of 
the continent — and large portions of the sea adjoining. 

I know too little of the history of their connection wnth either islands 
or continents to say with confidence that such a possession has in this 
case been acquired. I content myself with remarking that such posses- 
sion does not appear in the opinion and practice of States to be founded 
exactly upon the same principles in tlie cases of islands and continents. 
In that of islands, discovery alone has usually been held sufiicient to 
constitute a title. Not so in the case of continents. In the case of the 
South American Continent the Spaniards and Portuguese resorted to 
grants from an authority which in that age was universally respected, 
and continued in respect till subsequent possession had confirmed their 
title. But I think that it has not been generally held, and cannot be 
maintained that the mere discoverv of a coast gives a right to the 
exclusive possession of a whole extensive continent to which it belongs, 
and less to the seas that adjoin to a very considerable extent of dis- 
tance. An undisputed exercise of sovereignty over a large tract of 
such a continent and for a long tract of time would be requisite for 
such purposes. I am too ignorant of particular facts to say how far 
such principles are justly applicable to such cases. I observe that by 
these Regulations the commerce in these islands, continents, and adjoin- 
ing seas is declared to have l)een granted exclusively to Russian sub- 
jects: who the granter is, is not expressly declared. If, as is probable, 
the Autocrat of Russia is meant, the inquiry then reverts to the ques- 
tion respecting the foundation of such an authority, and thinking that 
that question must be first disposed of, I content myself with observ- 
ing upon the Regulations themselves that they are carried to an extent 
that appears very unmeasured and insupportable. 

1 have, &c. Stowell. 



Board of Trade to Foreign Office. — {Received January 7.) 

Office for Trade, Zondon^ Janaarn 7, 1822. 

Dear Sir: The inclosed seems to contain all the information that 
we can expect from the persons interested in the southern whale fish- 
ery; but I will try and squeeze a little more out of them if I can. 

Pray let me have the inclosed back, as it is an original, or if you 
will return it when you have read it. I will send you a copy to-morrow. 

Mr. Robinson desired me to inform the parties that the point in 
question was too high matter for this Committee to do anything in its 
Board of Trade capacity. 

I am, &c. ' Thos. Lock. 



104 DIPLOMATIC CORRESPONDENCE 

[Inclosure.] 
Messrs. S. Emkrhy d: Son und Mr. W. MellifiJi to Board of Trade. 

Paui.'s Wharf, London, Xoremher 27, 1821. 

My Lohds: We most resiect fully address your Lordships on the subject of an 
Ordinance or Ukase issued by the Emperor of Russia on the 9th October last. The 
1st Article of that Ordinance' in a sweeping way forbids all but subjects of Russia 
from connnencing a whale fishery from Behring's Straits to 51° north latitude on the 
north-west coast of America as well as in the Aleutian Islands on the east coast of 
Siberia and Kurile Islands, that is to say, from Behring's Straits to the south Cape 
in the Island Ooroo]* in 4o° 51' north latitude. By this Article it appears that Brit- 
ish shiji-owners and merchants are forbidden from attempting to carry on any fishery 
or bi-anch of industry, under penalties, to the north of 51° north latitude on the 
north west coast of America, or to the north of 45° 51^ north latitude on the eastern 
coasts of the North Pacific Ocean. 

The 2nd Article forljids all foreign vessels touching at the Russian Establishments 
within the above stated limits, or even to approach them within a less distance than 
100 Italian miles, the cargo to be forfeited, without it can be proved that the vessel 
is in want of ])rovisions or driven in by tempestuous weather. 

The.se two leading Articles in the Oi-dinance we consider as a declaration of war 
against tlie conunerce and fishing of British merchants if their enterprize carries 
their shi])s to the north of the limits laid down by Russia. One British ship of 500 
tons employed in the whale fishery has recently been as far as 47j° north latitude on 
the east coast, and found xperma cet;r whales so plenty that great numbers of vessels 
will sail immediately after the 1st January if we receive the protection we earnestly 
solicit from our ( iovernment against this extraordinary Ordinance. Two British ships 
nearly about the same time that the above ship sailed for the coast of Jajian sailed 
for the whale fishery on the n(^rth-west coast of America we believe into Behring's 
Straits. We are at present unacquainted with their success. 

We have no doubt if we are protected in a fair trade (not with China) and fishery 
in the North Pacific Ocean, that British enterprize will find some islands in that 
great ocean which may have been overlooked by the Russians and xVmericans, who 
are both attempting to shut the shipping of Great Britain out of that ocean by not 
allowing us to have any friendly port to resort to. 

If Captain Parry is successful in effecting a passage into the North Pacific Ocean 
either tlu'dugli Beliring's Straits or elsewhere, the Russian Ukase will prevent our 
fishing in those Straits or making any use of the discovery for commercial purposes. 
Waiting your Lordship's directions for our future government, we have, &c. 

Sam. Enderby & Sox. 

WiLLM. MeLLISH. 



77/' }[(irii>ns of LoiHlonderry to Count Lleven. 

Foreign Office, January 18, 1822. 

Till' I'lidorsigned has the honour hereby to acknowledge the note, 
addressed to him by Baron de Nieolai of the 12th Novenil^er hist, 
eoverino- a copy of an Uka.se issued l)v His Iin)xn'ial Majesty the 
Emperor of All the Russias, and hearino- date the- 4th 8eptei'n])er. 
1.S21. for various ])urposes, therein set forth, especially connected with 
the territorial rights of his Crown on the north-western coast of 
AuKM-ica. bordering upon the Pacitic, and the Commerce and navigation 
of Ills Imperial Majesty's subjects in the seas adjacent thereto. 

This document, containing Regulations of great extent and impor- 
tance, both in its territorial and maritinu^ bearings, has been consid- 
ered with the utmost attention, and with those favourable sentiments 
^yhich His Majesty's Government always bear towards the acts of a 
State which His Majesty has the satisfaction to feel himself connected, 
by the most intimate ties of friendship and alliance; and having been 
reterred tor the rei)ort of those high legal authorities, whose duty it is 
to advise His Majesty on such matters. 



EELATINCi TO TREATY OF 1825. 105 

The Undersio-ned is directed, till such friendly explanations can take 
place between the two Gov^ernments as may ol)viate misunderstanding- 
upon so delicate and important a point, to make such provisional i)ro- 
test ag'ainst the enactments of the said Ukase as may fully serve to 
save the rights of His Majesty's Crown, and may protect the persons 
and properties of His Majesty's sul)jects from molestation in the exer- 
cise of their lawful callings in that quarter of the glolie. 

The Undersigned is commanded to acquaint Count Lieven that it 
being- the King's constant desire to respect, and cause to be respected 
by his subjects in the fullest manner, the Emperor of Russia's just 
rights, His Majesty will l)e ready to enter into amicable explanations 
upon the interests aflected by this instrument, in such manner as may 
be most acceptable to His Imperial Majesty. 

In the meantime, upon the subject of this Ukase generally, and 
especially upon the two main principles of claim laid down therein, viz., 
an exclusive sovereignty alleged to belong to Russia over the territories 
therein described, as also the exclusive right of navigating and trading- 
within the maritime limits therein set forth, his Britannic Majesty must 
be understood as hereby reserving all his rights, not l)eing prepared to 
admit that the intercourse which is allowed on the face of this instru- 
ment to have hitherto subsisted on those coasts, and in those seas, can 
be deemed to be illicit, or that the ships of f riendh' Powers, even sup- 
posing an unciualitied sovereignty was proved to appertain to the 
Imperial Crown in these vast and very imperfectly occupied territories, 
could, by the acknowledged law of nations, be excluded from navigat- 
ing- within the distance of 100 Italian miles as therein laid down from 
the coast, the exclusive dominion of which is assumed (l)ut, as His 
^Majesty's Government conceive, in error) to belong to His Imperial 
Majesty the Emperor of All the Russias. 

Londonderry. 



Tlia 3I((rqiu)< of Londondcrfy to Sir C. Bagot. 

No. 5.] Foreign Office, Jannan/ 19^ 1822. 

Sir: With reference to your Excellency's several despatches relative 
to the Ukase lately IssuckI by the Emperor of Russia under date the 
•1th September last, for various purposes therein set forth, especially 
connected with the territorial rights of his Crown on the north-western 
coast of America, bordering upon the Pacitic, and the connnerce and 
navigation of His Imperial Majesty's subjects in the seas adjacent 
thereto, I have now the honour to inclose \o\\ a copy of a note which, 
by His Majesty's command, I have addressed to the Count de Lieven, 
the Russian Ambassador in London, upon this su])ject; I iim to desire, 
that in any communications which you may have with the Russian 
Government relative to this Ukase, you will conform yourself to the 
tenour of the note herewith sent. 

I am, &.('. Londonderry. 



10(5 DIPLOMATIC COKRESPONDENCE 

J//'. Strafford Cannlmj to the Marquis of Londonderry.— {Received 

March M.) 

X,). 11. J Washington, February 19^ 1822. 

]My Lokd: I was iiifornied this morning by Mr. Adams that the 
Kussian Envoy has, within the last few days, communicated olficially 
to tile American (Jovernment an Ulvase of the Emperor of Russia, 
which has lately appeared in the public prints, appropriating to the 
sovereignty and exclusive use of His Imperial Majetity the north-west 
coast of America down to the 51st parallel of latitude, together wdth 
a considerable portion of the opposite coasts of Asia, and the neigh- 
bouring seas to the extent of 100 Italian miles from any part of the 
coasts and intervening islands so appropriated. In apprizing me of 
this circumstance. Mr. Adams gave me to understand that it w^as not 
the intention of the American Cabinet to admit the claim thus notitied 
on the i)art of Russia. His objection appears to lie more particidarly 
against the exclusion of foreign vessels to so great a distance from the 
shore. 

The note given in by M, de Poletica is confined, I believe, to a mere 
oonnnunication of the Emperor's Ukase, and of the periods at which 
it will begin to have force, viz., from the 1st March with respect to 
European vessels, and from the 1st July for vessels from this country. 

Mr. Adams inquired whether I had heard from your Lordship on this 
head, and on the supposition that a similar communication had in all 
pro])al)ility ])een made by the Russian Ambassador in London, appeared 
desirous of learning the course which His Majesty's Government 
intended to adopt with reference to it. I could only reply ])v saying 
that I had not yet received au}^ intimation from your Lordship on the 
subject. 

1 have, &c. Stratford Canning. 



J/i/(/.sfj/i\s Bay Company to the Marquis of Londonderry. — {Received 

March .) 

Hudson's Bay House, London, March 27, 1822. 
^ Mr Lord: It has fallen under the observation of the Governor and 
Connnittee of the Hudson's Bay Company that the Russian Govern- 
ment have made a claim to the north-west coast of America, from 
Bchrmgs Straits to the 51st degree of north latitude; and in an 
Imperial Ukase have prohil)ited foreign vessels from approaching the 
coast withm lOO miles, under penalty of confiscation. Likewise that 
the American (iovernment are claiming a verv considerable extent of 
countrv bordering on the Pacific Ocean; and that a Bill is in progress 
Ml the House of Representatives for settling the Columl)iaand forming 
It mto a State of the Union. 

Ill the Report presented to the House on which this Bill is founded, 
tlie ( omniittee state that the title of the United States to the sov- 
ereignty of the territory from the -list degree to the completion of the 
;...r(l degree of north latitude is unquestionable; but that, in the opinion 
ot the Committee, the American Government have a good claim as far 
as bO' north latitude. 

I need not remind your Lordship that a large portion of that country 



RELATING TO TREATY OF 1825. 107 

was discovered by British navigators, and taken possession of on behalf 
of Great Britain; nor of the atlair of Nootka Sound, in 1789. in conse- 
quence of agg-ressions conniiitted upon l^ritish subjects on that coast; 
but it niav be necessary to state to your Lordsliip that the Americans 
had no trade with the natives until long after the British Establish- 
ments had been formed in the country to the westward of the Rocky 
Mountains. 

In the year 1792 Sir Alexander McKenzie, then a partner in the late 
North-West Compan\', explored from the interior the country west of 
the Rocky Moimtains, and was the first who penetrated to the Pacific 
Ocean. In the preceding year Captain Vancouver had survej'ed the 
Columbia River from the mouth to the Falls, 2(X> miles from the sea. 

For above twenty years the British fur traders have had Settlenients, 
and the Company have an Esta])lishment of 2<H) men on the Columbia 
River at this period, and large and valual)le Establishments to the 
northward. 

It was not till the year 1806 that the Americans explored this country, 
when an expedition was fitted out under Captains Lewis and Clarke, 
who proceeded to the head of the Mississourie, thence across the 
Rocky Mountains to the River Columl)ia, and down it to the mouth, 
and returned by the same route. Soon after the return of these gen- 
tlemen an American Chartered Company was established under the 
name of the Pacific Fur Company, who began their operations in 1810. 
Ships were sent and a fort built at the mouth of the Columbia. This 
fort was given up to the late North-^\'est Company in the American 
War, when they bought of the Pacific Fur Company their whole stock- 
in-trade, and the country was a])andoned by the Americans, and they 
have not since had any traders in the Columbia, or to the northward. 

The fort, after the Treaty of Ghent,_was demanded Ijy the American 
Government as included, with other fortified places in that Treaty, 
although it is more properly only a trading station, and it has been 
delivered up, but it remains unoccupied. 

By a Convention in October 1818, subsequent to the Treaty, it was 
agreed by the Contracting Parties that the country in question, for the 
purposes of trade, was to be free to the subjects of both nations for ten 
years. 

The fur trade of Great Britain, by an Act of last Session and grant 
from His Majesty, is vested in the Hudson's Bay Company: I cannot, 
therefore, refrain from calling your Lordship's attention to this matter 
as of considerable importance at the present moment, and not unlikeh' 
to lead to very unpleasant occurrences at some future period, if no 
notice i^s taken of these proceedings of the Russian and American 
Governments, the effect of which would be to exclude British subjects 
from the northwest coast of America, and a valuable trade in the 
interior. 

I have, &c. J. H. Pelly, Dciufy Gcvernor. 



Earl BatJiurd io tJw iJvle of WtI/rr/()to}t. 

Downing Street, Stptemljer 11^^ 1822. 
My Lord: I have the honour to transmit, for your Grace's guidance 
in the execution of the commission with which His Majesty has been 



108 DIPLOMATIC CORRESPONDENCE 

pleiised to intrust vou in consequence of the lamented death of the 
Martinis of Londonderry, a Memorandum which was orio-inally drawn 
up hy his Lordship, and. havino- been approved by His Majesty \s con- 
Hden'tial servant, was sul)mitted to His Majesty's Government and 
received His Majesty's sanction. 

1 am, etc. " Bathuest. 



[Inclosure.] 

Memordndidii. 

The sut)jcct-mattt'r ufMiii wliic-h the allietl Ministers will have to deliberate at the 
apiiroai'hiuf.' lut-etinjr at Vienna may be classed nnder the following heads: 

1. The Turkish question, internal and external. 

2. The Spanish question, European and American. 

3. The Affairs of Italy. 

As F.ritish points, the Slave Trade, the Austrian Debt, and the late Russian Ukase 
will demand attention. 

* * * * * * * 

Upon the Russian Ukase the objections to its enactment, in principle, are set forth 
in the note addressed to Count Lieven in reply to his comnuinication of the Ukase 
to the Britisli Government. The duty of the British Plenipotentiary will be to 
hring the Russian Cabinet to some distinct explanation as to the mode in which the 
differences of opinion on this instrument may be reconciled. 



Mem.oraii(Ii(in hy the Dale of Wellington. 

September 11, 1822. 

In the course of a conversation which 1 had 3'esterday with Count 
Lieven. he informed me that he had been directed to jj'ive yerl)al 
explanations of the Ukase respectino- the north-west coast of America. 
These explanations went, he said, to this, that the Emperor did not 
propose to carry into execution the Ukase in its extended sense. That 
His Imperial Majesty's ships had been directed to cruize at the shortest 
po.ssible distance from the shore in order to supply the natives with 
arms and aunnunition. and in order to warn all vessels that that was 
His Imperial Majesty's dominion; and that His Imperial Majesty had 
besides oiven directions to his Minister in the United States to ag-ree 
upon a Treaty of Limits with the United States. 

It ai)i)ears here that this explanation when oiven will be very little 
satisfactory; and that at l)est it is only a verbalexplanation of a written 
and pulilished Uka.s(>. the terms of which, however contrary to the law of 
nations and protested ag'ainst h\ us. must be the rule for our merchants 
and t radcM-s till we can obtain some document in writing which will alter 
it. [riiis is the sense in which 1 propose to act at Vienna upon this part of 
the instmctions, and it is desirable that I shoidd be informed whether 
we have any claim to territory on the north-west coast of America, and 
what are the opinions and reasonings of the civilians upon the question 

of doiiuii inn on till- sell. 

Tlie Russian Ministers will very probably assimilate their claim of 
donnnion as thus verbally explained to the claim which we are sup- 
po.sed to liay<>of dominion in the Narrow Seas, which it was attempted 
to bring mto discussion at the Congress at Vienna in 1815. We avoided 
the di.scussion. and exi)lained the practice of giving and receiving 



RELATING TO TREATY OF 1825. 109 

salutes prevailing- in the British navy in a manner satisf actor}' to all 
parties. But we never relinquished the claim of the dominion. 

On the other hand, we have not recently claimed the dominion in a 
Proclamation, and warned others not to approach it. 

September 16, 1822. 

Since writing- the above I have again seen Count Lieven on this sub- 
ject, and he has informed me thattlie Emperor has authorized his Min- 
ister in the United States to treat upon limits in North America with 
the United States. He gave me this instruction contidentialh. and in 
order that if we had any claim to territory on the north-west coast of 
America we might bring it forward, so as not to ])e shut out by any 
agreement made between Russia and the Ignited States. 

It is desirable, therefore, that I should be informed upon this subject 
as soon as may be convenient. 



Hudi^ons Bay Couipdny to Mr. George Canniitg. — {Received Sep- 

ttmher .) 

Hudson's Bay House, Londov^ Septernh-r 25, 1822. 

Sir: I have the honour to address you, on behalf of the Hudson's 
Bay Company, upon the subject of the claim set up by Russia to that 
part of the north-west coast of America which is to the north of the 
olst degree north latitude. 

It appears to the Directors of this Company that the claim of Russia 
is not well founded, and as the interests of the Company and of the 
British fur trade would be essentially and greatly injured, should the 
claims of Russia be admitted by the British Government, I feel it to be 
incumbent upon me, in addition to the representations which I have 
already made upon this subject, to state brietlv the progress of the 
British fur trade in that part of North America, and to appi'ize you of 
the forts or trading- stations, situated to the north of the 51st degree 
north latitude, which are now occupied by the traders and servants of 
this Compan}'. 

In the year 1798 Sir Alexander McKenzie crossed the Rocky Moun- 
tains in 56° 30' north latitude, and penetrated to the Racihc Ocean in 
latitude 52° 20'. Inunediatelv after his return the British fur traders 
sent expeditions and established trading posts in the country to the 
westward of the Rocky jMountains. New trading stations have been 
gradually formed, as the country was more fully explored, and until 
1821 the whole trade of an extensive district named New Caledonia, 
and extending from the mouth of Eraser's River, situated about 49- 
north latitude to al^out 60-- north latitude, was carried on ])y the Brit- 
ish North- West Company. 

The partnership of the British North-West Company being- then 
about to expire, arrangements were made in 1821 by which the Hud- 
son's Bay Company acquired possession of all the forts and trading sta- 
tions of that Association situated in New Caledonia, as well as in other 
parts of British North America. 

The principal forts or permanent and centrical trading- stations in 
New Caledonia, now occupied by the traders and servants of this Com- 
pany, are situated at the Rocky Mountain portage in 56° north latitude 



110 DIPLOMATIC CORRESPONDENCE 

and 121^ west longitude: on Stewart's Lake, in 5-i^ 30' north latitude 
and 1^0^ west lono;itiide; on McLeod's Lake in 55^ north latitude and 
12-1:^ west longitude, and on Fraser's Lake in 55^^ north latitude and 
about 127' west lonoitude. and there are several minor trading- posts, 
the situation of which are occasionally changed according to local cir- 
cunistances. Bv these means an extensive trade is carried on with all 
those Indian tribes which inhal)it the country from about 60^ north lati- 
tude as far soutii as the mouth of Eraser's Kiver, which is in about 49^ 
north latitude, and between the Rocky Mountains and the sea. 

The British fur traders have never met with the traders of any other 
nation in that country, and it does not appear that any part of it has 
ever been occupied by the subjects of Russia or of any other foreign 
Power. 

All the considerable rivers which fall into the Pacific Ocean in this 
extent of coast have not 3"et been sufficiently explored to ascertain 
whether iuiy of them are navigable with large boats, and have safe 
harl)ours at their discharge into the sea; the furs procured in that coun- 
trv have therefore l)een brought to England down the Peace River and 
througii tiu^ Hudson's Bay Company's territories. But it is pro))able 
that, in such an extent of coast, some practicable comnuniication with 
the sea will be discovered which would save the expensive transport of 
goods and furs through the interior of America. 

A direct communication by sea is found to be ad\'antageous in the 
country to the south of New Caledonia situated on the various branches 
of the Columbia River, where this company have extensive trading" 
Establishments extending to the head waters of that river in the Rocky 
Mountains, and the same advantages would be derived from a direct 
conununii-ation by sea with New Caledonia. 

This Company has trading Establishments also in McKenzie's River, 
which falls into the Erozen Ocean as far north as QQ-" 80' north latitude, 
which carry on a trade with those Lidians wdio inhaljit the country to 
the west of that river and to the north of 60" of north latitude, and who, 
from the nature of the country, can communicate more easih^ with 
McKenzie's River than with the trading posts in New Caledonia. 

I have thus given a brief outline of the British trading stations on 
the north-west coast of America, and I feel confident that His Majesty's 
(iovernnuMit will take the proper measures for protecting the interests 
of this Company and of the British fur trade in that quarter of the 
world. 

I have. &(:. .], H. Pelly, Deputy Governor. 



Mr. <i. Ciinii'iiHj to t/ir iJithi of Wcllau/ton. 

^'<^- ♦J-l Foreign Office, Septeutler ^7, ISm. 

My Lord Di kk: Your Grace is already in possession of all that 
has ])assed l)oth here and at St. Petersburgh on the subject of the issue 
in S(.pt<'ml)er of last year, ^^\ the Emperor of Russia, of an Ukase 
mdircctly asserting an exclusive right of sovereignty from Behring's 
.Straits to the 51st degree of north latitude on the west coast of 
America, and to the ioth degree north on the opposite coast of Asia, 
and (as a (|ualilie(l exercise of that right) prohibiting all foreign ships. 



RELATING TO TREATY OF 1825. Ill 

under pain of conliscation, from appro ac hi njv within 100 Italian miles 
of those coasts. 

The Ukase having been communicated by Baron Nicolai, the Rus- 
sian Charge d'Affaires at this Court, to His Majesty's Government, 
was forthwith sul)niitted to the legal authorities whose duty it is to 
advise His Majesty on such matters; and a note was in consequence 
addressed by the late Marquis of Londonderry to Count Lieven, the 
Russian Ambassador, and also connnunicated to His Majesty's Am])as- 
sador at St. Fetersl)urgh, protesting against the enactments of the said 
Ukase, and requesting such amicable explanations as might tend to 
reconcile the pretensions of Russia in that quarter of the globe with 
the just rights of His Majesty's Crown and the interests of his subjects. 

As such explanations will probably l)e ottered to your Grace during 
the Conferences about to take place at Vienna. I hasten to signify to you 
the King's commands as to the language which you will hold on the 
part of His Majesty upon this sul)ject. 

The opinions given in November and December last by Lord Stowell 
and b}^ His Majesty's Advocate-General (copies of which are already in 
your possession) will furnish you with the best legal arguments in 
opposition to the pretensions put forw^ard in the Russian Ukase; and 
as, in both these opinions, much stress is very properly laid upon the 
state of actual occupation of the territories claimed by Russia, and 
the different periods of time at which they were so occupied, I have 
obtained from the Governor of the principal Compan}' of His Majesty's 
subjects trading in that part of the world the information wdiich your 
Grace will tind in the inclosed papers. That information vvill enable you 
sufficiently to prove to the Russian Ministers, not only that the point of 
prior discovery may be fairly disputed with Russia, but that the much 
more certain title of actual occiipation by the agents and the trading- 
servants of the Hudson's Bay Company extends at this moment to many 
degrees of higher latitude on the north-west coast of America than is 
claimed as the territor>' of Russia by the Ukase in question. 

Enlightened statesmen and jurists have long held as insigniticant all 
titles of teri'itorv that are not founded on actual occupation, and that 
title is in the opinion of the most esteemed writers on public law to ])e 
established onl}- by practical use. 

With respect to the other points in the Ukase wliich have the effect 
of extending the territorial rights of Russia over the adjacent seas to 
the unprecedented distan<'e of 100 miles from the line of coast, and of 
closing- a hitherto unobstructed passage, at the present moment the 
object of important discoveries for the promotion of general commerce 
and navigation, these pretensions are considered by the best legal 
authorities as positive innovations on the right of navigation. As such, 
they can receive no explanation from further discussion, nor can by 
possibility be justified. Common usage, which has obtained the force of 
law, has indeed assigned to coasts and shores, an accessorial boundarv 
to a short limited distance for purposes of protection and general con- 
venience, in no manner interfering with the rights of others, and not 
obstructing the freedom of general connuerce and navigation. 

But this important qualification the extent of the present claim 
entirely excludes, and when such a ])rohibition is, as in the present 
case, applied to a long line of coasts, and also to intermediate islands 
in remote seas where navigation is beset with innumerable and unfore- 
seen difficulties, and where the principal employment of the tisheries 



l\2 DIPLOMATIC COREESPONDENCE 

must 1)0 pursued under eireumstanees which are incompatible with the 
preseril)ed courses, all particular considerations concur, in an especial 
manner, with the o-eneral principle, in repelling such a pretension as an 
encroaciinient on the freedom of navigation, and the unalienable rights 
of all nations. , . , t 

1 have indeed the satisfaction to believe, from a conference which 1 
have had with Count Lieven on this matter, — that upon these two 
points.— the attempt to shut up the passage altogether, and the claim 
of exclusive dominion to so enormous a distance from the coast,--the 
Russian (Jovernment are prepared entirely to waive their pretensions. 
The only etfort that has been made to justify the latter claim was by 
reference to an Article in the Treaty of Utrecht which assigns 30 leagues 
from the coast as the distance of prohibition. But to this argument it 
is sufficient to answer, that the assumption of such a space was, in the 
instance quoted, by stipulation in a Treaty, and one to which, therefore, 
the party to be affected Ijy it had (whether wisely or not) given its 
deliberate consent. No inference could be drawn from that transaction 
in fa\{)ur of a claim by authority against all the world. 

I have little doubt, therefore, but that the public notihcation of the 
claim to consider the portions of the ocean included between the 
adjoining coasts of America and the Russian Empire as a via/'e elau^nm^ 
and to extend the exclusive territorial jurisdiction of Russia to 100 
Italian miles from the coast, will be pul)licly recalled, and I have the 
King's commands to instruct your Grace further to require of the 
Russian ^Minister (on the ground of the facts and reasonings furnished 
in their despatch and its inclosures) that such a portion of territory 
alone shall be defined as belonging to Russia as shall not interfere with 
the rights and actual possessions of Her Majesty's subjects in North 
America. 

I am, &c. George Canning. 



Baron Tvyll to Count Nesfti^lrode. 

[Extract.] 

Ln^ERPOOL, Octoher 21 {Nommhet^ ^), 18^. 
II sera sans doute expedient de faire, a cet egard, toutes les tentatives 
lK)ssibles, en alleguant la nouveautc de ees derniers Etablissements, la 
clause du Privilege des deux Compagnies reunies, posant des bornes a 
leur extension future, et le prejudice que la proximite de ces postes ne 
peut mancpier de causer a rPLtablissement Russe, plus ancien & connu 
.sou.sjle nom de Novo-Archangelsk. Mais dans la supposition que Ton 
ne put reussir a etendre les frontieres de la Russie ))eaucoup plus vers 
le Sud. il serait. ce semble, indispensable de les voir au moins tixees au 
55e degre de latitude Nord, ou mieux encore, // lajxtlnte meridlonaJe de 
rArchiprl du J*rhta'd<' (iidJex d P OUtvrdtonj Inlet, situes a peu pres 
sous ce i)arallMe. Tout voisinage plus rap|)roche des Etablissements 
anglais ne pourrait niaiuiuer d'etre prejudirial)le a celui de Novo- 
Archangelsk, qui se trouve sous les 57° 3'. 

[Tnuislation.] 

It will doubtless be expedient to make all possible attempts in this 
direction by alleging the newness of these last establishments, the 
clause of the privilege [charter] of the two united companies which 



RELATING TO TREATY OF 1825. 113 

sets a limit to their future extension, and the injury which the prox- 
imity of those posts can not fail to cause the older Russian estal)lish- 
ment, known under the name of Novo-Archangelsk. But supposing- 
it to be impossible to succeed in extending the frontiers of Russia 
much farther towards the south, it seems that it would be indispensable 
to have them fixed at least at the tift3-tifth degree of north latitude, 
or, better still, at the southern point of the archipelago of the Prince 
of Wales and the Observatory Inlet, which are situated almost under 
that parallel. Any nearer neighborhood of the English establish- 
ments could not fail to be injurious to that of Novo-Archangelsk, 
which is in latitude 57^ 3'. 



The Dul'e of Wellington to 3Ir. G. Canning. — {Received Decmriber 9.) 

No. 38.] Verona, Novemler 28, 1822. 

Sir: I inclose the copy of a Confidential Memorandum which 1 gave 
to Count Nesselrode on the ITth October, regarding the Russian Ukase, 
and the cop}" of his answer. 

I have had one or two discussions with Count Lieven upon this paper, 
to which I object as not enabling His Majest^^'s Government to found 
upon it any negotiation to settle the questions arising out of the Ukase, 
which discussions have not got the better of these difficulties: and I 
inclose to you the copy of a letter which I have written to Count Lieven, 
explaining my objections to the Russian '^Memoire Contidentiel." 

This question then ■stands exactly where it did. I have not been able 
to do anything upon it. 

I have, &c. Wellington. 



[Inclosure 1.] 
Memorandum. 

In the month of Septeml^er 1821 His Imperial Majesty the Emperor of Russia 
issued an Ukase, asserting the existence in the Crown of Russia of an exclusive 
right of sovereignty in the countries extending from Behring's Straits to the 51st 
degree of north latitude on the west coa«t of America, and to the 45th degree of 
north latitude on the opposite coast of Asia, and as a qualified exercise of that right 
of sovereignty, prohibiting all foreign vessels from approaching within 100 Italian 
miles of those coasts. 

After this Ukase had been submitted by the King's Government to those legal 
authorities whose duty it is to advise His Majesty on such matters, a note was 
addressed by the late Marquis of Londonderry to Count Lieven the Russian Ambas- 
sador, protesting against the enactments of this Ukase, and requesting such amicable 
explanations as might tend to reconcile the pretensions of Russia in that quarter 
of the globe with the just rights of His Majesty's Crown, and the interests of his 
subjects. 

We object, first, to the claim of sovereignty as set forth in this Ukase; and, 
secondly, to the mode in which it is exercised. 

The best writers on the laws of nations do not attribute the exclusive sovereignty, 
particularly of continents, to those who have first discovered them, and although 
we might, on good grounds, dispute with Russia the priority of discovery of these 
continents, , we contend that the much more easily proved, more conclusive, and 
more certain title of occupation and use, ought to decide the claim of sovereignty. 

Now we can prove that the English North-West Company and the Hudson's Bay 
Company have for manj' years established forts and other trading stations in a 
country called New Caledonia, situated to the west of a range of mountains called 

21528—03 15 



114 DIPLOMATIC CORRESPONDENCE 

Rofkv .Mdiintains, and extending along the shores of the Pacific Ocean from latitude 

49^^ t.". latitude ()0°. . , , -^\ ■, ■,. , . ^r , 

This C'omitauy likewise possess Factories and other Establishments on Macken- 
zie's Kiver, which falls into the Frozen Ocean as far north as latitude 66° 30^, from 
whence they carrv on trade with the Indians inhalnting the countries to the west of 
that river, and who, from the nature of the country, can communicate with Macken- 
zie's River with more facility than they can with the ports in New Caledonia. 

Thus, in opposition to the" claim founded on discovery, the priority of which, how- 
ever, we conceive we might fairly dispute, we have the indisiiuta])le claim of occu- 
pancy and use for a series of years, which all the ))est writers on the laws of nations 
admit is the l)est founded claim to a territory of this description. 

Oltjecting as we do to this claim of exclusive sovereignty on the part of Russia, I 
might saveinyself the trouble of discussing the particular mode of its exercise as set 
forth in this Ukase, but we object to the mode in which the sovereignty is proposed 
to be exercised under this Fkase, not less than w'e do the claim of it. 

We cannot admit the right of any Power possessing the sovereignty of a country 
to exclude the vessels of others from the seas on its coasts to the distance of 100 
Italian miles. 

"We nuist ol)ject likewise to other arrangements contained in the said Ukase, con- 
veying to ]>rivate merchant-ships the right to search in time of peace, &c., which are 
tjuite contrary to the laws and usages of nations, and to the practice of modern times. 

Veron.v, Octol>er 17, 1S22. 



[Inelosure 2.] 
Mhnolre Confidentiel. 

Le Cabinet de Russie a pris en mure consideration le Memoire Confidentiel que 
M. le Due de Wellington lui a remis le 17 Octobre dernier relativement aux mesures 
adoptet'S par Sa ^lajeste I'P^mpereur sous la date dii 4 (16) Septembre, 1821, pour 
determiner I'etendue des possessions Russes sur la cote nord-ouest de rAmerique, et 
pour interdire aux vaisseaux etrangers l'aj>proche de ces possessions jusqu'a la dis- 
tance de 100 milles d'ltalie. 

Lfs ouvertures faites a ce sujet an Gouvernement de 8a Majeste Britannique par le 
Comte de lieven au moment on cet Ambassadeur alloit quitter Londres, doivent deja 
avoir proa ve que I'opinion que le Cabinet de Saint-James avoit con^'ue des mesures 
dont il s'agit, n'ctoit point fondee sur une appreciation entierement exacte des vues 
de Sa .Nhijeste Imperiiile. 

La Russie est loin de meconnoitre que I'usage et I'occupation constituent le plus 
solide des litres d'aprC-s lesquels un Etat puisse reclamer des droits de souverainete 
sur une portion quclconque du continent. La Russie est plus loin encore d'avoir 
voulu outrejiasser arhitrairement les limites que ce titre assigne a ses domaines sur 
la cote nord-ouest de l'Amcri(iue, ou exiger en principe general de droit maritime les 
regies qu'une necessite pui'ement locale I'avoit obligee de poser pour la navigation 
etrangcre dans le voisinage de la ]iartie de cette cote qui lui appartient. 
^ C'etoit au contraire parce (pi'dle regardoit ces droits de souverainete comme 




06) Septt 

_ La Russie seroit toujours prete a faire part des motifs qui en justifient ses disposi- 
tions mais pour le moment eile se bornera aux observations suivantes. 

M. le I Mil' de M'elliiigton attirme dans son Memoire Confidentiel du 17 Octobre que 
ties Ltalihs.-^emens Angiois, appartenant a deux Compagnics: celle de la Bave de 
Hud.«on et celle du Nord-Ouest, se sont formes dans une contree appeU'e la Xouvelle- 
:-^i' ,','**'.' ''\" s'ctend le long de la cote de I'Ocean Pacifique, depuis le 49° jusqu'au 
60° de latitude septentrionale. i > i J i 

La Russie ne parlera point des Etablissemens qui peuvent exister entre le 49 et 51 
parall.lc, mais quant aux autres, elle n'hesite pas de convenir qu'elle en ignore 
ju.s(iu :ipr. 'Sent 1 existence, pour autantau moins qu'ils toucheroient I'Ocean Pacifique. 

i.es lurtes Angloises meme les plus n'centes et les plus detaillees n'indiquent 

a»s..ument auciine des stations de commerce mentionnees dans le Memoire du 17 

)t1. .Dre, sur la c >te meme de 1' Amerique, entre le 51 ° et 60° de latitude septentrionale. 

i»ailleui-s, .lepuis les expeditions de Behring et de Tchiricoff, c'est-a-dire, depuis 
pres (1 un siccle, des Etablissemens Russes out pris, a partir du 60°, une extension 
progre.ssive, qui des 1 annee 1799 les avoit fait i>arvenir jusqu'au 55 parallele, comme 



RELATING TO TREATY OF 1«25. 115 

le porte la premiere Charte de la Compagnie Russe-Americaine, Charte qui a re(^u 
dans le teins une publicite officielle et qui n'a motive aucune protestation de la part 
de I'Angleterre. 

Cette meme Charte accordoit u la Compagnie Russe le droit de porter ses Etablisse- 
mens vers le midi au delu du 55° de latitude septentrionale, pourvu que de tels accro- 
issemens de territoii'e ne pussent donner motif de reclamation il aucune Puissance 
etrangere. 

L'Angleterre n'a pas non plus proteste contre cette disposition, elle n'a pas meme 
reclame contre les nouveaux Etablissemens que la Compagnie Russe-Americaine a 
pu former au sud du 55°, en vertu de ce privilege. 

La Russie etoitdonc pleinemtnt autorisee a profiter d'un consentement, qui, pour 
etre tacite, n'en etoit pas moins solennel, et a determiner pour bornes de ses domaines 
le degre de latitude, jusqu'auquel la Compagnie Russe avoit etendu ses operations 
depuis 1799. 

Quoiqn'il en soit et quelque force que ces circonstances pretent aux titres de la 
Rus.>^ie, 8a Majesti' Imperiale ne deviera point dans cette conjoncture du syst^me 
halji'tuel de sa politique. 

Le premier de ses vceux sera toujours de prevenir toute discussion et de consolider 
de plus en plus les rapports d'amitie et de parfaite intelligence qu'elle se felicite 
d'entretenir avec la Grande-Bretagne. 

En consequence I'Empereur a charge son Cabinet de declarer a M. le Due de 
Wellington (sans que cette declaration jjuisse prejudicier en rien a ses droits, si elle 
n'etoit point acceptee) qu'il est pret a fixer, au moyen d'une negociation amicale et 
sur la base des convenances mutuelles, les degres de latitude et de longitude que les 
deux Puissances regarderont comme dernieres limites de leurs possessions et de leurs 
Etablissemens sur la cote nord-ouest de I'Amerique. 

Sa ]Majeste Imperiale se plait ii croire que cette negociation pourra se terminer 
sans difficulte a la satisfaction reciproque des deux Etats, et le Cabinet de Russie 
pent assurer des a present ]M. le Due de Wellington que les mesures de precaution et 
de surveillance qui seront prises alors sur la partie Russe de la cote d'Amerique, Se 
trouveront entierement conformes aux droits derivant de sa souverainete, ainsi 
(ju'aux usages etablis entre nations, et qu'aucune plainte legitime ne pourra s'elever 
contre el les. 

Verone, le 11 {23) Novembre, 1822. 



[Inclosure 2. — Translation.] 
Confidential memorandum. 

The Russian cabinet has seriously considered the confidential memorandum which 
the Duke of Wellington addressed to it on the 17th of last October in relation to the 
measures adopted by His Majesty the Emperor, under date of September 4 (16), 1821, 
to determine the extent of the Russian possessions on the northwest coast of America 
and to prevent foreign vessels from approaching these possessions within the dis- 
tance of 100 Italian miles. 

The overtures made in regard to this subject to the Government of His Britannic 
Majesty by Count de Lieven, at the time of the departure of that ambassador from 
London, must already have proved that the opinion the Court of St. James enter- 
tained of the measures under consideration was not founded upon an entirely exact 
understanding of the views of His Imperial Majesty. 

Russia is far from failing to recognize that use and occupation constitute the best 
titles by which a state can lay claim to rights of sovereignty over any part of the 
continent. Russia is further still from having wished to arbitrarily overstep the 
boundaries which such title assigns to her dominions on the northwest coast of 
America, or to insist as a general principle of maritime law upon the regulations that 
a purely local necessity had obliged her to impose upon foreign navigation in the 
neighborhood of the part of this coast which belongs to her. 

It was, on the contrary, because she regarded these rights of sovereignty as legit- 
imate, and because imperative considerations involving the very existence of the 
commerce in which she is engaged along the northwest coast of America, forced her 
to establish a system of precautions which has become indispensable, that she issued 
the ukase of September 4 (16) , 1821. 

Russia would always be ready to explain the motives which justify her conduct; 
but for the present she will confine herself to the following observations: 

The Duke of Wellington states in his confidential memorandum of October 17 
that some English settlements, belonging to two companies, the Hudson Bay and 



IH\ DIPLOMATIC CORRESPONDENCE 

the Northwest, have l)een formed in a country called New Caledonia, which extends 
alonl' the coast of tlie Pacific Ocean from the forty-ninth degree to the sixtieth degree 

of north latitude. . , , , ., .■ . • ., 

Russia will not speak of the settlements winch may exist between the torty-nmth 
and (iftv-lirst i>arallels, Init as to the others she does not hesitate to admit that she 
is still iii ignorance of their existence, at least so far as their touching the Pacific 
Ocean is concerned. . 

Even the most recent and comi)lete English maps do not show a single tradmg 
i>ost, mentioned in the memorandum of October 17, on the coast of America between 
the iiftv-lirst and sixtieth degrees of north latitude. 

Moreover, since tlie expeditions of Behring and Tchiricoff — that is. for nearly a 
centurv— Russian settlements have been growing so steadily from the sixtieth degree 
onward that in ITlHt they had reached the fifty-fifth parallel, as the first charter of 
the Russian-American Company shows which charter at the time received official 
j)ul)licitv, and which has called "forth no protest on the part of England. 

This same cliarter accorded to the Kussian Company the right to extend its settle- 
ments toward the south beyond tlie fifty-fifth degree of north latitude, provided 
that such increase of territory would give rise to no protest on the part of any for- 
eign power. 

No objection was made to this provision, either, by England. She did not even 
protest against the new settlements that the Russian American Company may have 
e,«tablished to the .south of the fifty-fifth degree by reason of this privilege. 

Russia was thus fully authorized to profit by a consent which was not the less sol- 
emn because it was tacit, and to fix as the boundary of her dominions the degree of 
latitude to which the Russian Company had extended its operations since 1790. 

However that may be, and whatever force these circumstances may lend to Russia's 
title, His Imperial Majesty will not deviate in the slightest degree, at this juncture, 
from his aicustomed political system. 

His most cherished wish will always be to prevent all contention and to strengthen 
more and more the friendly relations and the perfect understanding wdiich he con- 
gratulates himself on maintaining with Creat Britain. 

In c()nsequence; the Emperor has directed his cabinet to state to the Duke of Wel- 
lington (without ])ermitting this declaration to prejudice his rights in any degree 
should it be accejtteil ) that he is ready to settle, by means of friendly negotiations 
and ii|)on the l)asis of mutual agreement, the degrees of latitude and longitude which 
the two powers shall regard as the outside limits of their possessions and of their 
settlements on the northwest coast of America. 

His Imperial Majesty is jjleased to believe that these negotiations can be termi- 
nated without dilficulty, to the mutual satisfaction of the two states, and the Rus- 
sian cal)inet is authorized to assure the Duke of Wellington that the measures of 
precaution and supervision which will then V)e taken in the Ru.ssian part of the coast 
of America will be in entire conformity with the rights emanating from her sover- 
eignty, as well as with international usage, and that no legitimate complaint can be 
brought against them. 

Ykko.n.v, November 11 {23), 1822. 



[Inclosuru 3.] 
T]ie Duke of Wellitigton to'Coiuit Lieven. 

Veroxa, Xovewber 28, 1822. 

.M. i.E Comte: Having considered the paper which your f^xcellency gave me last 
night ou the part of his Excellency Count Nesselrode on the suliject of our discus- 
sions on the Russian Uka.se, I must inform you that I cannot consent, on the part of 
my Government, to found on that ])aper the negotiations for the settlement of the 
question which has arisen between tlie two Governments on this subject. 

\\ e ol.jcct to the I'kase on the grounds: 

1. That His Imperial Majesty assumes thereby an exclusive sovereignty in North 
Amencuol which wc are not prepared to acknowledge the existence or the extent. 
I Pon this point. hnwL'ver, the memorandum of Count Nesselrode does afford the 
means ot negotiation, and my Government will be readv to discuss it either in Lon- 
.lonor.M. 1 etersburgh whenever the state of the discussions (m the other question 
arism- out of tlie I kase will allow of the discussion. 

i lie .second m-ound on which we object to the Ukase is that His Imperial Majesty 
inereby exchules from a certain consi.lerable extent of the open sea vessels of other 
nations. 



KELATIN(} TO TREATY OF 182."). 117 

We contend that the assumption of this power is contrary to the law of nations, 
and we cannot found a ne;?otiation upon a paper in which it is airain broadly asserted. 
We contend that no Power whatever can exchide another from the use of the open 
sea. A Power can exclude itself from the navigation of a certain coast, sea, &c., by 
its own act or engajiement, but it cannot by rifrht be excluded by another. This we 
consider as the law of nations, and we cannot negotiate upon a paper in whicli a right 
is asserted inconsistent with this i»rinciple. 

I think, therefore, that the best mode of proceeding would be that you sin mid state 
your readiness to negotiate upon the whole subject, without restating the ol)jection- 
able principle of the Ukase, which we cannot admit. 

Ever yours, t'^-c. (Signed) Wellinoton. 



The DhI'c of WrJr!i(<ft<>ii /// J/r. (t. ('(uuinuj. — {Rcceivt^d Drctmhcr 9.) 

]So. 44.] \f.ro^a, JS^orrmher 29^ 1822.. 

Sir: Since I wrote to you yesterday I have had another conversa- 
tion with the Russian Ministers regarding- the Ukase. 

It is now settled that botli the Memoranikniis which I inclosetl to you 
should be considered as mm. av&nuM.^ and the Russian Ambassador in 
Ijondon is to address you a note in answer to that of the late Lord 
Londonderry, assuring- you of the desire of the Emperor to negotiate 
with you upon the whole question of the Emperor's claims in North 
America, reser^'ing them all if the residt of the negotiation shoidd not 
be satisfactory to both parties. 

This note will then put this matter in a train of negotiation, which 
is what was wished. 

I have. &('. Wellington. 



Count LI even to Jfr. G. Cairjiliuj. 

LoNDRES, le 19 {SI) Janvier, 1823. 

A la suite des declarations verbales que le Soussigne Ambassadeur 
Extraordinaire et Plenipotentiaire de Sa Majeste TEmpereur de Toutes 
les Russies, a faites au Ministere de Sa Majeste Britannicjue, le Cabinet 
de St. James a du se convaincre que si des oljjections s'etoient elevees 
contre le Reglement public au nom de Sa Majeste TEmpereur de Toutes 
les Russies, sous la date du 4 (16) Septembre, 18:^1, les mesures ulte 
rieures adoptees par Sa Majeste Imperiale ne laissent aucun doute sur 
la purete de ses vues et sur le desir qu'elle aura toujours de concilier 
ses droits et ses interets avec les interets et les droits des Puissances 
auxqucUes I'unissent les liens d'une amitie veritable et d'une bien veil- 
lance reciproque. 

Avant de quitter Verone, le Soussigne a recu Fordre de donner au 
Gouvernement de Sa Majeste Britanni(|iie une nouvelle preuve desdis- 
positiones connues de TEmpereur, en proposant a son Excellence ]\lr. 
Canning, Prjncipal Secretaire d'Etat de Sa Majeste Britanni(iue pour 
les Atfaires Etrangeres (sans que cette proposition puisse porter atteintc 
aux droits de Sa ^lajeste Imperiale, si elle n'est pas acceptee), que de 
part et d'autre la question de droit strict soit provisoirement ecartee, 
et que tons les difierends auxqiiels a donne lieu le Reglement dont il 
s'agit, s'applanissent par un arrangement amical fonde sur le seul prin- 
cipe des convenances mutuelles et qui seroit negocie a St. Petersljourg. 

L'Empereur se tiatte que Sir Charles Bagot ne tardera point a recevoir 



IIJS DIPLOMATIC CORRESPOND.ENCE 

k>s j)ouvoiis ot los iii.>;tiiK'tions necessaires a cet eff'et et que hi propo- 
sition dii Sonssig-ne achovera de dt'montrer au Gouvernement de Sa 
Majosti' Britunni(iuo c-ombien Sa Majeste Imporiale souhaite qu'aucune 
divoriiiMiee d'opinion ne puisse su])sister entre la Russie et la Grande- 
Bretag-iie, ot (lue lo plus parfait accord continue de presider a leurs 
relations. 

Le Soussig-ne saisit. &c. Lieven. 



[Trunsliition.] 

Count Lieven to Mi\ G. Cannrng. 

London, January 19 {St)^ 1823. 
In consequence of the ver])al statements that the undersigned, 
ainhassador extraordinary and plenipotentiary of His Majesty the 
PLnipt'ror of all the Kussias. has made to tlio Government of His 
Britaiuiic ]\Iajesty. the Court of 8t. James must have become convinced 
that had objections arisen to the regulation promulgated in the name 
of His Majesty the Emperor of all the Russias. under date of Sep- 
teuilter 4 (Itl), 1821, the subsequent measures adopted by His Imperial 
Majesty leave no dou))t as to the sincerit}" of his intentions and the 
desire which he will always have to reconcile his rights and his interests 
witli tiie interests and the rights of the powers to whom he is bound b}' 
the ties of sincere friendship and mutual good will. 

Before leaA'ing Verona the undersigned was ordered to present to 
the ( toverinnent of His Britannic Majesty a new proof of the Emperor's 
well-known feelings by proposing to His Excellency Mr. Canning, chief 
«'cretary of state for foreign alJairs of His Britannic ]Majesty (without 
)erinitting this proposition to prejudice the rights of His Imperial 
Majesty should it not be accepted), that the question of strict right be 
teini)orarily set aside on the j^art of both, and that all the ditierences 
to which the regulation in question has given rise be adjusted l)y an 
amicable arrangement founded on the sole principle of mutual expedi- 
ency, to be negotiated at St. Petersl)urg. 

The Enip(M-or is pleased to l)elieve that Sir Charles Bagot will soon 
receive the powers and instructions necessary to this end, and that the 
l)r()p(»sition of the undersigned will completely demonstrate to the 
(iovermnent of His Britannic Majesty how much it is the wish of His 
Inii)eriai Majesty that no diti'erence of opinion should exist between 
Rnssia and (ireat Britain, and that the most perfect harmony should 
contiiuie to rule in their relations. 

The iMulei-signed takes, etc., Lieven. 



■^ 



Ml-, (i. (iiiiiuiu/ to Sir C. Bagot. 

''^•'- ••! FoHEKiN (JYViCiF., F(l)ruary 5, 1823. 

Sik: \\\{\x reference to my despatch No. 5 of the 31st December 
last. transmittMig to your Excellencv the copy of an instruction 
iui.lressed to the Duke of Wellington, as well as" a despatch from his 
( I race dated \ erona the 2i>th November last, both upon the subject of 
the Knssiaii I k:is,. of September 1821, I have now to inclose to vour 



RELATING TO TREATY OF 1825. 119 

Excellency the copy of a note which has been addressed to me b}^ 
Count Lieven expressing His Imperial Majesty's wish to enter into 
some amicable arrangement for bringing this subject to a satisfactory 
tern] i nation, and requesting that your Excellency may be furnished 
with the necessary powers to enter into negotiation for that purpose 
with His Imperial Majesty's Ministers at St. Petersl)urgh. 

I avail myself of the opportunity of a Russian courier (of whose 
departure Count LievtMi has only just apprized me) to send this note 
to your Excellency, and to desire that your Excellency will proceed to 
open the discussion with the Russian Minister upon the basis of the 
instruction to the Duke of Wellington. 

I will not fail to transmit to your Excellency Full Powers for the 
conclusion of an agreement upon this subject by a messenger whom I 
will dispatch to you as soon as I shall have collected any further infor- 
mation which it may be expedient to furnish to your Excellency, or to 
found any further instruction upon, that may be necessary for your 
guidance in this important negotiation, 

I am, &c. George Canning. 



Sir C. Bagot to Mr. G. Canning. 

No. 8.] St. Petersburg, Fehrmrnj 10 (22), 1823. 

(Received March 15.) 

Sir: Count Eleven's courier arrived here yesterdaj'alternoon, and I 
had this morning the honor to receive j'our dispatch No. 1, of the 5th 
instant, inclosing to me a copy of his excellency's note to you of the 
31st of last month, respecting the imperial ukase of the 16th of Sep- 
tember. 1821. 

As the post is on the point of setting out I have only time to acknowl- 
edge the receipt of this dispatch, and to assure you that I shall imme- 
diately proceed to open with the Russian ministry the discussions which 
you instruct me to hold upon the important subject to which it relates. 

I had yesterday an interview with Count Nesselrode. when I took 
occasion to speak wdth him generallv upon the state of afl'airs as the^' 
appear to be atiected by the King of France's speech at the opening of 
the Chambers, but nothing passed in Our conversation which it seems 
necessary that I should report to you, and I have not had an opportu- 
nity of seeing the Emperor since his return from Verona. 

The latest intelligence received here from Constantinople is still that 
of the 25th of last ujonth. 

I ought to state that in the copy of the instructions given to the Duke 
of Wellington by your dispatch No. 6 to his grace of the 2Tth Septem- 
ber last, and which was transmitted to me in your dispatch No. 5 of the 
31st December, the opinions of Lord Stowell and of His Majesty's 
advocate-general upon the subject of this ukase, and the other papers 
therein referred to, were not inclosed. 

I have, etc., Charles Bagot. 



J//*. G. Canning to Sir. C. Bagot. 

No. 1.] Foreign Office, February 25, 1823. 

Sir: I transmit to your excellenc}' herewith a full power, which the 
King has been pleased to grant to 3'ou under the great seal, authoriz- 



|0() DIPLOMATIC CORRESPONDENCE 

iiu'- iuid enipowrrinu- vou to udjust the differences which have arisen 
in%onse(iuencc of the nkase proniulo-atcd at St. Petersburg on the -ith 
September, l^:il, which prohibits, under pain of confiscation, all for- 
eit^n vessels from ai)pr()aching- within 100 Italian miles of the north- 
western coast of America, the^Aleutian and Kurile Isles, and the east- 
ern coasts of Sil)(>ria. . , , . i , 
I have nothino- further to add to the papers with which your excel- 
lency has alreaciv been furnished on this subject, except two opinions 
which were lai(ri)v the King's law officers before His Majesty's Gov- 
ernment on the first receipt of the ukase in question. 

I am. etc., 

George Canning. 



J//'. *S'. Canning to Mr. G. Canning. 

Xo. 47.] Washington, May S, 1823. (Received June 12.) 

Sir: The Russian envoy. Baron Tuyll. who arrived here about three 
weeks ago. has proposed to the American Government, in the name of 
his court to send instructions to Mr. Middleton, at St. Petersburg, for 
the purpose of enabling him to negotiate an arrangement of the differ- 
ences arising out of the claims asserted by the Emperor of Russia to 
an exclusive dominion over the northwest coast of America, and the 
neighboring seas as far as the 51st degree of north latitude. The pro- 
posal 1 conceive to be similar to that which was made by Count Nessel- 
rode to His Majesty's plenipotentiary at Verona relative to the same 
object, as it affects Great Britain. 

The American Secretary of State, in apprising me of the commu- 
nication received from Baron Tuyll, expressed a desire that I would 
mention it to His Majesty's Government, and stating that Mr. Middle- 
ton would in all ])r()l)ability be furnished with the necessary powers 
and instructions, suggested whether it might not be advantageous for 
the British and American Governments, protesting as they did against 
the claims of Russia, to empower their ministers at St. Petersburg to 
act in the proposed negotiation on a common understanding. He added 
that the rnited States had no territorial claims of their own as high 
as the .■■)lst degree of latitude, although they disputed the extent of 
those advanced ))y Russia, and opposed the right of that power to 
exclude tlieir citizens from trading with the native inha))itants of those 
regions over which the sovereignty of Russia had been for the ffrst 
time asserted by the late edict of the Emperor, and most particularly 
the extravagant pretension to prohibit the^approach of foreign vessels 
within 100 Italian miles of the coast. 

At the same time that he submitted this overture for the considera- 
tion of His Majesty's (Tovernment, ]Mr. Adams informed me that he 
had received an account similar to that which lately appeared in the 
newspapers, and which has already been forwarded to your office, of 
an AuKM-ican trading vessel having been ordered awav from the north- 
west coast by the connnander of a Russian frigate stationed in that 
([uartcr. He did not a])pear, however, to apprehend that any unpleas- 
ant c()nsc(iii('iiccs were likely to result from that occurrence!^ as it was 
understood that provisional instructions of a less exceptionable tenor had 
l)cen dispatched from St. Petersburg in compliance with the represen- 
tations ot" fort'iuii |»u\vi'vs. 



RELATING TO TREATY OF 1S25. 121 

In bringing- under 3'our notice this overture of the American Govern- 
ment, respecting- which I can not presume to anticipate the sentiments 
of His Majesty's cal)inet, I liave only to add that on asking- Mr. Adams 
whether it was his intention to enter more largely upon the subject at 
present, I was informed, in reply, that it would be desirable for him 
previously to know in what light the British Government was disposed 
to view the suggestion which he had otlered. He appeared to be under 
an impression that the instructions and powers requisite for acting 
separately in this affair had already been transmitted to Sir Charles 
Bagot. 

I have, etc., Stratford Canning. 



Sh/'j)Oir/ic/'-s Soclt4y to Mr. G. Canning. 

New Broad Street, Jnne 11^ 182S. (Received .) 

Sir: 1 have ])een requested by the committee of this society to rep- 
resent to you, sir, that considerable alarm has been excited among- the 
owners of ships engaged in the southern w^hale tishery by the order 
lately issued by His ^lajesty the Emperor of Russia, "prohibiting for- 
eign vessels to touch at the Russian establishments along the north- 
west coast of America from Bering- Straits to 51^ north latitude, as 
well as in the Aleutian Islands, on the east coast of Siberia, and the 
Kurile Islands; that is to say, from Bering- Straits to the South Cape, 
in the Island of Ooroop, viz, in 45^ 51' north latitude, or even to 
approach them within a less distance than 1()0 Italian miles.'' 

This committee being aware of the delicacy of the sul)ject, and that 
the attention of His Majesty's Government had been directed to it, have 
been unwilling to trouble you with any representations, but as there 
are now man}^ ships fishing in those seas, and several others bound 
thither, and it appears that fears are generally entertained lest the seiz- 
ure and confiscation of some of them should take place by the Russian 
authorities, upon the plea of their having- been within the prohibited 
limits, the committee have felt it their duty, and have requested me 
thus most respectfully to express to you. sir, their hope that you may 
be enabled to communicate to them such information as will remove 
those apprehensions. 

I have, etc., George Lyall, 

Chairman of the Corn ni if tee. 



Count JS^tsselrode to Count Licven. 

[Coiiflrteutielle— Extrait.] 

St. Petersbourg, le '26 Juin^ 1823. (Communicated Aug. 1-1,) 
Les instructions additionnelles envoyees aux otiiciers de la Marine 
Imperiale chargees de la surveillance de nos cotes dans la partie nord- 
ouest de I'Amerique, portent nommement: 

1. Que les Commandans de nos bsitimens de guerre doivent exercer 
leur surveillance aussi pres que possible du Continent, c'est-a-dire, sur 
une etendue de mer qui soit a la portee du canon de la cote; qu'ils ne 
doivent point etendre cette surveillance au deUi des latitudes sous les- 



122 DIPLOMATIC CORRESPONDENCE 

quelles la Campagnie Americaine a effectivement exerce ses droits de 
chasse et do peche, tant depiiis I'epoque de sa creation, que depuis le 
renouvellement de ses privileges en 1799, et que, quant aux lies, ou se 
trouvent des Colonies ou Etablissemens de la Compagnie, elles sont 
toutes indistinctement comprises dans cette regie generale; 

2. Que cette surveillance doit avoir pour objet de reprimer tout 
connuerce frauduleux, et toute tentative de nuire aux interets de la 
Conii)agnie en troublant les parages frequentes par ses chasseurs et 
ses pecheurs, entin. de prevenir toute entreprise dont le but serait de 
fournir aux naturels du pays, sans le consentement des autorites, des 
amies a feu, des arnies blanches, ou des munitions de guerre; 

3. Que dans ce (jui concerne les batimens egares, battus par la tem- 
pete, ou entraines par les eourans, les Commandans des vaisseaux de 
la marine Imperiale continueront a se conformer aux dispositions du 
Reglement du 4 Septembre, 1821: qu'ils s'y conformeront de meme a 
regard des batimens (jui se livreraient au commerce, aux tentatives ou 
entreprises ci-dessus indiquees; et que nommement, ils pourront en 
agir d'apres les principes recus parmi toutes les nations, lorsqu'un 
vaisseau etranger, ayant a bord des marchandises prohibees ou des 
munitions de guerre, approcherait d'un de nos P^tablissemens jusqu'a 
la portee du cannon, sans avoir egard aux interpellations et declara- 
tions que nos officiers lui adresseraient en conformite de ce que leur a 
cte prescrit anterieurement; entin 

4. Que ces officiers doivent s'abstenir de toute intervention dans 
I'exercice des fonctions locales du Directeur des Colonies, qui a re^'u 
des instructions parfaitement analogues a celles dont ils out ete munies 
eux-memes, et qui se trouve revetu du pouvoir d'un Commandant du 
Port. 

Votre Excellence voudral)ien observer que ces nouvelles instructions, 
(jui. dans le fait, sont de nature a faire suspendre provisoirement Feftet 
de rOukase Imperial du 4 Septembre, 1821, n'ont ete expediees de St. 
Petersl)()urg qu'au mois d'Aout de Tannee passee; que par consequent 
roffici<M- ([ui se trouvait alors en crosiere dans les parages en question, 
et le Directeur de nos Colonies, ne pourront les recevoir avant le mois 
de Septeml)re prochain, et que nommement le Capitaine Touloubieff, 
Commandant le sloop Kusse "PApollon," ne pouvait en avoir connais- 
.sance a Tepoque de Tincident rapporte par les journaux Americains. 



[Confidentiiil.— Extract.— Translation.] 

St. rETEHSBCKG, June 26, 1823. (Communicated Aug. 14.) 
The additional ini-tructions sent to the oflBcers of the imperial navv upon wnom 
devolve.s the duty of guarding our coasts in the northwestern part of America, set 
forth particularly: 

1 . That the commanders of our war vessels should keep a watch as close as possible 
to the c(jntment, that is to say, sufliciently near to be within gunshot of the shore; 
that they .«hoi;ld not extend this watch beyond the latitudes in which the American 
conipaiiv lias actually exercised its rights of hunting and fishing, either from the 
tune ()t !!.•- tormation, or since the renewal of its privileges in 1799, and that, as to the 
i.«lands where colonies or settlements of thecompanv have been established, they are 
all, witliout distmction, comprised in this general ride: 

2 That tlie object of this surveillance should be to repress all fraudulent commerce 
an.l all atteinpts to mjure the interests of the company bv disturbing the waters 
lre.|nented by its hunters and fishermen; also to prevent any enterprise having in 
vu-w the hiniishingof firearms, side arms, or munitions of war to the natives without 
ihc iiiiisent ol the authorities; 



RELATING TO TREATY OF 1825. 123 

3. That so far as stray ships, beaten by tempests or carried away by currents, are 
concerned, commanders of vessels of the imperial navy shall continue to observe the 
provisions of the regulation of September 4, 1821; that they shall also conform to it 
in the case of vessels engaged in trade, in attempts or in enterprises above indicated, 
and that, especially, they shall act in accordance with the principles recognized by 
all nations when a foreign vessel, having on board prohibited merchandise or muni- 
tions of war, approaches one of our settlements within range of the guns, without 
paying heed to the summons and declarations which our officers may address to her 
in conformity with what has been hereinbefore prescribed; finally, 

4. That these officers shall refrain from all intervention in the exercise of the local 
functions of the director of the colonies, who has received instructions exactly simi- 
lar to those with which they themselves have been provided, and who is invested 
with the power of a commander of the port. 

Your excellency will observe that these new instructions, which are in fact of such 
a nature as to provisionally suspend the effect of the imperial ukase of September 4, 
1821, were only forwarded from St. Petersburg in the month of August of last year; 
that, in consequence, the officer who was then cruising in the waters in question and 
the director of our colonies can not receive them before next September, and that 
Captain Touloubieff, commanding the Russian sloop Apollo, particularly, could have 
had no knowledge of them at the time of the incident referred to by the American 
newspapers. 



Memorandum to he delivered to Mr. Lyall, chairman of the Shipownei's' 

Society. 

No doubt is entertained but that British vessels may pursue their 
usual navigation within the seas mentioned in Mr. LvalFs letter with- 
out apprehension of molestation from Russia. 

The warning off of the American vessel took place before notice of 
the moditications of the ukase, assurances of which were given to the 
Government of the United States in the month of April last, could have 
reached the Russian commander in those seas. Similar assurances 
were given to the British Government by the Russian ambassador in 
September; and the whole subject is now under negotiation at St. 
Petersbui'g. 

Foreign Office, June 27, 1823. 



Mr. G. Canning to Sir C. Bagot. - • 

No. 12.] Foreign Office, July 12, 1823. 

Sir: 1 have the honor to incjose, for your excellency's information, 
the copy of a dispatch received from His Majest^'^s minister in America 
upon the subject of the Rus.sian ukase relating to the northwest coast 
of America, also of a letter from the shipowners' societ}' upon the same 
subject, and of a memorandum of my repl}" to that letter. 

Your excellency will observe from Mr. Stratford Canning's dispatch 
that the Government of the United States are desirous to join with that 
of His Majesty in bringing forward some proposition for the definitive 
settlement of this question with Russia. 

AVe have no precise information as to the views of the American 
Government, Mr. Rush not having yet received an^^ instructions upon 
the su])ject. It seems probable, however, that the part of the ques- 
tion in which the American Government Is peculiarly desirous of 
establishing a concert with this country is that which concerns the 
extravagant assumption of maritime jurisdiction. Upon this point, 



124 DIPLOMATIC CORRESPONDENCE 

it boino- now distinctly understood that Russia waives all her preten- 
sions to the practical exercise of the rights so unadvisedly claimed, 
the only question will l)e as to the mode and degree of disavowal with 
which Great Britain and the United States might be, respective!}', 
satisfied. 

I'pon this point, therefore, such a concert as the United States are 
understood to desire will be peculiarly advantageous; because, suppos- 
ing the disavowal made, there is no disi)Osition on the part of His Majesty 
to press hard u])()n the feelings of the Emperor of Russia, and it would 
certaiidv be more easy for His Majesty to insist lightly on what may he 
considered as a point of national dignity, if ho acted in this respect in 
concert with another maritime power, than to enact any less degree, 
either of excuse for the past or of security for the future, than that 
other power might think necessar^^ 

Great Britain and the United States may be satisfied jointlj^ with 
smaller concessions than either power could accept singly, if the 
demands of the other were likely to be higher than its own. 

I therefore think it best to defer giving any precise instructions to 
your excellency on this point until I shall have been informed of the 
views of the American Government upon it. 

In the meantime, however, you will endeavor to draw from the Rus- 
sian (rovernment a proposal of their terms, as we should undoubtedly 
come uuich more con.veniently to the discussion, and be much more 
likely to concert an agreement upon moderate terms with the American 
Government if a proposal is made to us than to agree in originating- 
one which would be satisfactor}^ at once to both Governments and to 
Russia. 

The other part of this ([uestion which relates to territorial claim and 
l)ouiidary is perhaps susceptible of a separate settlement; of the two 
principles on which the settlement could be made, viz, joint occu- 
pancy or territorial demarcation; the latter is clearly preferable. A 
line of demarcation drawn at the oTth degree between Russia and 
British settlers would be an arrangement satisfactory to us, and would 
assign to Russia as much as she can pretend to be due to her. Your 
excellency will therefore biing this suggestion forward, and acquaint 
me how fai- a foriual proposition on this basis would he agreeable to His 
Impei-ial Majesty's Government. The arrangement might be made, if 
more agreeable to Russia, for an expirable period of ten or fifteen vears. 
I am, etc. 

George Canning. 

B. S. July 13. Since this dispatch was written I have received 
from Mr. S. Canning the dispatch of which 1 inclose a copy, bv which 
your excellencv will learn that instructions are to be sent to MV. Rush 
to enter into discussion here (among other matters) upon the subject 
ot the ukase. There is nothing in this communication to varv the 
mstiuclions herein given to your excellency. 

G. C. 



Mr. G. Canning to Sir C. Bagot. 

^^\ ^^-J ^ Foreign Office, August 20, 1823. 

Sir: Count Lieven called upon me some days since and commu... 
cated to me conhdentially the inclosed extract of a dispatch which his 



ni- 



KELATING TO TREATY OF 1825. 125 

excellenc}" luid receivod from Count Nosselrode upon the subject of the 
Russian ukase of the 4th September, 1S21/' 

Although it is very probable that your excellency is already in pos- 
session of the facts stated in this paper. I think it right to transmit it 
to 3^our excellency, lest it should not yet have come to your excellency's 
knowledge. 

I considered it expedient to make this communication known to Mr. 
Rush, the American minister in this country, whose Government must 
naturally be deeply interested in any resolution which may l)e adopted 
by that of Russia upon this subject, apprising Count Lieven that 1 had 
done so. 

1 am, &c., George Canning. 



Sir C. Bagot to Mr. G. Ckvnn'mg. — {Received Septemher 23.) 

No. 36.] St. Petersburgh, Avgusf 19 {31), 1823. 

Sir: Count Nesselrode being upon the eve of setting out to join the 
Emperor upon his journey through the interior, and it being probable 
that he will not return to St. Petersburg-h before the middle of Novem- 
ber, 1 have thought it advisable, even in the absence of those further 
instructions, which you lead me to expect in your despatch No. 12 of 
the 12th of last month, to apprize him of the probability of Mr. Middle- 
ton and myself being soon instructed to act jointly in neg'otiating with 
him some proposition for the definitive settlement of that part at least 
of the question growing out of the Imperial Ukase of the ith (16th) 
September, 1821, which regards the maritime jurisdiction assumed by 
Russia in the North Pacific Ocean. 

I have been induced to acquaint Count Nesselrode thus early with 
the fact, partly with a desire of ascertaining-, so far as 1 could, the 
manner in which a coml^ined measure of this kind would be viewed b^- 
the Imperial Government; and partly to ascertain whether his own 
absence would necessarily delay our negotiations upon this subject. 

In respect to the first of these objects, I am happy in being able to 
state that the proposed concert of measures between His Majesty and 
the United States, so far from being unacceptable to Count Nesselrode, 
is considered by him, and principally for the same reasons which are 
assigned in your despatch, as the most agreeable mode in which the 
question could be brought under discussion. 

In regard to the second object, finding that Count Nesselrode received 
so favourably my intimation of the course which we were about to pur- 
sue, 1 thought that I should best learn whether the Russian Government 
was prepared to proceed immediateh^ to negotiation if I suggested to 
him, as I did, the facilities which it would protmbly afi'ord to all parties 
if. instead of leaving to His Majest}^ the perhaps difiicult task of origi- 
nating a proposition upon the subject, which would be at the same time 
satisfactory both to the United States and to Russia, the Imperial 
Government themselves should propose some arrangement for our con- 
sideration, which, while it might protect the legitimate commercial 
interests of His Imperial Majesfy's subjects, might also effectually save 

«The inclosure is Count Nesselrode's confidential note to Count Lieven of June 26, 
1823, ante page 121. 



126 DIPLOMATIC CORRESPONDENCE 

what was the g-reat object of the neg-otiation— the dignit}^ and rights 
l)oth of His Majesty and the other Maritime Powers of the world. 

Count Nessehode received this suggestion exactly as I could have 
wished, and he seemed fully sensible to the delicacy shown towards the 
Imperial Government in proposing such a course. He said that he 
thought that he should pi-obably receive his Imperial Majesty's orders 
to instruct M. Poletica (who, from his long residence in America, and 
his repeated discussions with the Government of the United States 
ui)on the subject, is supposed to be the person here who is most conver- 
sant with the whole question) to prepare, during the absence of the- 
Emperor, such materials as may enable the Imperial Government, 
imnu'diately upon the Emperor's return to St. Petersburgh, to shape 
some such jjroposition as that which 1 had suggested, but he did not 
give me any reason to suppose that M. Poletica would be authorized to 
conclude an arrangement, or that anything could be definitively settled 
till after his own return. 

In the meantime, the American minister here has not yet received 
the instructions referred to by Mr. Stratford Canning in his letter to 
you of the 3rd May, a copy of which is inclosed in your despatch No. 
12. 1 have, however, apprized him of the wish of his Government to 
act in concert with that of His Majesty in this business, of His Majestj^'s 
readiness to accede to this wish, and of the probability of his receiving, 
in the course of a very short time, precise instructions upon the sub- 
ject. Erom the few general conversations which 1 have had with Mr. 
Middleton, he does not seem at all desirous of pressing hardly upon the 
Imptu-ial Government, and lie apj^ears to think that, if any sufficient 
public disavowal of the pretensions advanced in the Ukase can be 
ol)tained, his own Government will be perfectly ready to lend them- 
selves to whatever course may best save the feelings and the pride of 
Russia. 

Mr. Middleton now tells me, what I was not before aware of, that 
he had last year, by the direction of the President, several interviews 
with Count Xesselrode and Count Capodistrias upon the subject of this 
Ukase, and that it was at length agreed that he should inquire officially 
what were the intentions of the imperial Government in regard to the 
execution of it, an assurance being previously given that the answer 
which he should receive would be satisfactory. Mr. Middleton has 
l)een good enough to furnish me with a copy of this answer, which I 
now inclose. As, however, he considers the communication of the 
paper as personally confidential, I take the liberty of requesting that 
no pul)lic use may be made of it. 

In regard to the second part of this question, that which relates to 
the territorial claim advanced by Russia in respect to the north-west 
coasts of North America, I have exphiined to Count Nesselrode that 
the United States making no pretension to territory so high as the 51st 
degree of north latitude, the question I'ests between His Majesty and 
the Emperor of Russia alone, and becomes therefore a matter for 
sei)arate settlement by their respective Governments. 

I have sugg(vsted to him that this settlement may perhaps be best 
made l)y Coiivention, and I have declared our readiness to accede to 
one framed either upon the principle of joint occupancy or demarcation 
of boundary as the Russian Government mav itself prefer, intimating, 
however, that in our view the latter is by'far the most convenient. 
Count Nesselrode immediately and without hesitation declared hiaiself 



RELATING TO TREATY OF 1825. 127 

to bo entirely of that opinion, and he assured me that the chief if not 
the only ol)ject of the Imperial Government was to be upon some cer- 
tainty in this respect. 

This conversation took place before I had received 3'our private letter 
in cypher of the 25th of last month, which reached me on the 11th 
instant l)v post. I had, however, taken upon myself to abstain from 
bringing- forward any sug-g-estion that the territorial arrangement should 
be made for an expirable period, as I thought it possible that such an 
arrangement might, in the end, be found to be inconvenient, and as it 
appeared to me that it was a proposition which 1 should at all events 
reserve for a later period of the discussion, when it might, in case of 
difficulties, be found an useful instrument of negotiation. 

In a second interview which I have had with Count Nesselrode upon 
the subject of this separate negotiation, I told him that our pretensions 
had, I believed, always extended to the 59th degree of north latitude, 
but that a line of demarcation drawn at the 57th degree would be 
entireh' satisfactory to us, and that 1 believed that the Russian Gov- 
ernment had in fact no Settlements to the southward of that line. I 
am not, however, quite sure that I am right in this last assertion, as 
the Russian Settlement of Sitka, to which I am told that the Russian 
Government pretends to attach great importance, is not laid- down 
very preciselv in the Map published in 1802 in the Quartermaster- 
General's Department here, or laid down at all in that of Arrowsmith, 
which has been furnished to me from the Foreign Office. Be this, 
however, as it may. Count Nesselrode did not appear to be at all 
startled by the proposition. He said that he was not enough acquainted 
with the subject to give an immediate answer to it, but he made a 
Memorandum of what 1 said, and I hope shortly to be able to ascertain 
how far this Government may be inclined to accept a more formal 
proposition founded upon this basis. 

I have, &c. Charles Bagot. 

P. S. — Since writing the above I have again seen Count Nesselrode, 
who has informed me that he has received the Emperor's commands to 
put M. Poletica in direct communication with Mr. Middleton and 
myself upon the subject of that part of the Ukase-in which it is pro- 
posed that we should act conjointly whenever Mr. Middleton shall have 
received the instructions which he expects from his Government. 

C. B. 



[Inclosure.] 
Count Nesselrode to Mr. Middleton. 

St. Petersbourg, ce 1^'' Aout, 1833. 

Le Sonssigne, Secretaire d'Etat, dirigeant le ^linistere des Affaires Etrangeres s'est 
empresse de mettre sous les yeux de I'Emperour la note que Mr. Middleton, Envoye 
Extraordinaire et INIinistre Plenipotentiaire des Etats-Unis d'Amerique, lui a adressee 
le 27 Juillet, afin de rappeler I'attention du Ministere Imperial sur la correspondance 
quia eu lieu entre I'Envoye de Russie a Washington et le'Gouvernement des Etats- 
Unis, conoernant certaines clauses du Reglement emane le 4 (16) Septembre, 1821, 
et destine u proteger les interets du commerce Russt?sur la cote nord-ouest del'Ame- 
rique Septentrionale. 

Anime du desir constant de maintenir dans toute leur integrite les relations ami- 
cales qui subsistent entre la Cour de Russie et le Gouvernement des Etats-Unis-, 




128 DIPLOMATIC CORRESPOISTDENCE 

rEmpereur s'est pluii prevenir les \xeux que viennent de lui etre teinoignes. Deja 

■ " " •■' ' ^ ^^ ■ " l_m....ll „- ' „.. „„„i„ ^„I„„ -"'t ]M. 

'ash- 

'etat 

de^santc' lui aveit perinis de prolonger son sejour en Ameriqne. 

Ne doutant pas des disposition;? aniicales que le Gouvernement Americain appor- 
tera aux negociations que le GeniTal Tuyll \a ouvrir; et assure d'avanee (pie par une 
suite de ces nienies negociations les interets du connnerce de la Compagnie Russe- 
Auierit-aine seront preserves de toute lesion, I'Empereur a fait munir les vaisseaux de 
la marine imperiale qui font et et feront la croisere sur la cote nord-ouest des instruc- 
tions les plus analogues au l)ut que les deux (Touvernemens aimeront a atteindre par 
des explieations dirigees de part et d'autre, dans un espj-it de justice, de concorde, et 
d'aniit ie. 

En ecartant ainsi de son cote toute chance qui auroit pu mener aux voyes de fait 
que le (iouvernement Americain semble apprehender de loin, Sa Majeste Imperiale 
se plait A espererque le President de Etats-Unisadopterasuccessivement des mesures 
que sa sagesse lui niontrera comme les plus propres a rectifier toutes les erreurs 
accreilitees par une malveillance qui cherche a ddnaturer les intentions eta compro- 
mettre les rapports intimes des deux Gouverremens. 

Du moment ou la marine et le commerce des Etats-Unis seront convaincus que Ton 
s'occupe respectivement des questions qui se sont elevees au sujet du reglement du 
4 (16) septembre, dans la ferme resolution de les decider d'un commun accord, sous 
les auspices du bon droit et d'une amitie inalterable; des ce moment, la surveillance 
dont se trouvent charges, en vertu des nouvelles instructions, les vaisseaux de la 
marine imperiale, qui se rendront sur le nord-ouest d'Amerique, ne sauroit jamais 
motiver de facheuses complications. 

C'est en se livrant a cette certitude que Mr. ]Middleton voudra bien sans doute 
partager, qu'il ne reste plus au soussigne qu'a ajouter aux communications qu'il a eu 
ordre de faire en response a la note du 21 juillet Tassurance de sa considerations tres 
distinguee. 

Nesselrode. 
[Inclosure. — Translation.] 

Count Nes.<<elrode to Mr. MIddleton. 

St. Petersburcj, August 1, 1822. 

The undersigned, secretary of state, directing the department of foreign affairs, 
hastens to lay before the Emperor the note that Mr. Middleton, envoy extraordinary 
and minister plenipotentiary of the United States of America, addressed to him on 
the 27th of July, in order to recall to the attention of the Imperial Government the 
correspondence which had taken place between the envoy of Russia at Washington 
and the (iovernment of the United States, concerning certain clauses of the regula- 
tion ])romulgated the 4th (16th) of September, 1821, and designed to protect the 
interests of Russian connnerce on the northwest coast of North America. 

Animated l)y the constant desire to maintain intact the friendly relations existing 
between the Court of Russia and the Government of the United States, the Emperor 
was pleased to anticipate the wishes which have just been made known to him. A 
month ago Major-(ieneral Baron de Tuyll, appointed to the post formerly occupied 
by ]\I.(le Poletica, received the order to take up, immediately upon his" arrival in 
Washington, the important task tliat his predecessor would have accomplished had 
the state of liis health permitted him to prolong his stay in America. 

Having every conlidence in the friendly dispositions with which ^he , American 
Government will enter into the negotiations to be inaugurated Iw General Tuyll, and 
being assured beforehand that, as a consequence of these same negotiations, the inter- 
ests of the connnerce of the Russian-American Gompanv willbe preserved from 
nijury, the Emi)eror has directed that the vessels of the Imperial navy cruising at 
the present tnne and in the future along the northwest coast be furnished with the 
mstructions most conrlucive to the end that the two Governments desire to attain bv 
explanations conducted on both sides in a spirit of justice, of concord, and of 
friendship. 

In thus renioving, on his part, every contingency that might have led to the acts 
ol violence which the American Government appears to apprehend in the future. 
His Imperial Majesty entertains the hope that the President of the United States 
will adopt such measures as his wisdom may suggest to him as those best adapted to 
rectity all t lie errors arising from a malevolent spirit which seeks to misrepresent 
ttie intentions and to compromise the good understanding of the two Governments. 

W hen the navy and commerce of the United States realize that the questions which 



RELATING TO TREATY OF 1825. 129 

arose in regard to the regulation of the 4th (16th) of September are being considered 
with the firm resolve to decide them by common consent, in the light of actual right 
and of unalterable friendship, from that moment the surveillance with which the 
vessels of the Imperial navy on the northwest coast of America are charged, by vir- 
tue of the new instructions, will cease to be the cause of trouljlesome complications. 
Entertaining this feeling of perfect security, which Mr. Middleton will doubtless 
share, there remains nothing to the undersigned but to add to the communications 
which he has been directed to make in rejaly to the note of July 21 the assurance of 
his most distinguished consideration. 

Nesselrode. 



>Su' C. Dagot to Mr. G. Can)iing. 

[Confidential.] 

No. 48.] St. Petersburg, Octoljer 17 (29), 182S. 

(Received Nov. 17.) 

Sir: Mr. Haghes, the American chavg-e d'affaires at Stockholm, 
arrived here on the 16th instant, and has delivered to Mr. Middleton 
the instructions which I had already led him to expect from his Gov- 
ernment upon the sul)ject of the Imperial ukase of the Ith September, 
1821, and upon the concert of measures which the United States are 
desirous of establishing with Great Britain in order to obtain a disa- 
vowel of the pretentions advani-ed in that ukase by this country. 

As Mr. Hughes was the bearer of instructions upon the same sub- 
ject to the American minister in London, I may, 1 am aware, presume 
that Mr. Rush will have already communicated to vou the view taken 
of this question I)}' the United States, and 1 think it probal)le that yoxx 
may have already anticipated this dispatch by framing for my guid- 
ance such further instructions as, under that view, it may be thought 
necessary that 1 shoukl receive. It may, nevertheless, be very desir- 
able that 1 should lose no time in reporting- to you the sul)stance of 
some conversations which Mr. ]VIiddleton has held with me since the 
arrival of Mr. Hughes, and it is principally for this purpose that I 
now dispatch the messenger Walsh to England. 

Although Mr. Middleton has not conununicated to me the instruc- 
tions which he had received, I have collected from him. with certainty 
what I had long had reason to suspect, that the United States, so far 
from admitting that they have no territorial pretensions so high as the 
tiftv-tirst degree of north l-atitude and no territorial interest in the demar- 
cation of boundary between His Majesty and the Emperor of Russia to 
the north of that degree, are fully prepared to assert that they have at 
least an equal pretension with those powers to the whole coast as high 
as the sixtv-tii'st degree, and an absolute right to be parties to any 
subdivision of it which may now be made. 

Unless I greatly misconceive the argument of Mr. Middleton, it is 
contended b}' the xA.merican Government that, in virtue of the treaty of 
Washington, b}' which the Floridas were ceded by Spain to the United 
States, the latter are becoijie possessed of all claims, whatever they 
might be, which Spain had to the northwest coasts of America, north 
of the forty-second degree of north latitude, and that when Great 
Britain, in the year 1790, disputed the exclusive right of Spain to this 
coast, the Court of Russia (as, indeed, appears b}^ the declaration of 
(^ount Florida Blanca, and as it Avould, perhaps, yet more clearly 
appear b}'' reference to the archives of the foreign department here) 

21528—03 16 



130 DIPLOMATIC CORRESPONDENCE 

diselainu'd all intention of intert'orino- with ttie pretensions of Spain, 
and. consequently, all pretensions to territorj^ south oi the sixty-iirst 
deo-ree. and that, therefore, any division of the coast lyjing between the 
forty-second and sixty-first degrees ought in strictness to be made 
between tiit> United States and Great Britain alone. 

Mr. Middleton. however, admits that tlie United States are not pre- 
pared to push tluMr pretensions to this extent. He says that they are 
ready to acknowledge that no country has any absolute and exclusive 
claim to these coasts, and that it is only intended l)y his (iovernment 
to assert that, as heirs to the claims of Spain, the United States have, 
in fact, the best pretensions which any of the three powers interested 
can urge. 

Assuming, upon these grounds, their right to a share in the division, 
the United Sta-tes, it seems, desire that, the division being made, the 
three powers should enter into a joint convention nmtually to grant to 
each oth(M-. for some limited period, renewable at th(» pleasure of the 
parties, the freedom of fishery and of trade with the natives, and w'hat- 
ever other advantages the coasts may afford; and Mr, Middleton has 
confidentially ac(iuainted me that he has in fact received from his Gov- 
ernment the •'projeU' of a tripartite convention to this effect, and he 
has comnumicated to me a copy, which I now inclose, of the full 
powers with which he has been furnished to negotiate such convention 
with the plenipotentiaries of Great Britain and Russia. 

As neither the instructions nor the powers which I have received in 
regard to this (juestion were framed in contemplation of any such pre- 
tension as that which is now put forward by the American Govern- 
ment, 1 have explained to Mr. Middleton how impossible it is for me 
to proceed further with him in the business until 1 shall have received 
fresh instructions from you; and 1 have, with his knowledge, informed 
M. Poletica that I nmst, for the present, suspend the conferences (upon 
the territorial part of the question at least) into which he and I had 
already entered. 

I can not disguise from myself that, judging from the conversations 
which 1 have had. both with Count Nesselrode and M. Poletica, upon 
the general subject of the ukase, these new% and, I must think, unex- 
pected pretensions of the United States are very likely to render a sat- 
isfactory adjustment of the business a matter of more difhculty than I 
at first apprehench'd. 

A full (lisavowal by Russia of her pretension to an exclusive mari- 
tinic jurisdiction in the North Pacific Ocean will, I have no doubt, be 
ol»taiiied; hut 1 am strongly inclined to believe that this Government 
will not easily l»e brought to acknowdedge the justice of any claim of 
the United States to any part of the territory in question north of the 
fifty-first degree, and 1 am still more stronglv inclined to believe that, 
a division once made, this Government will never permit the United 
States, if they can i)revent it, either to fi,ih, settle, or trade with the 
natives within the limits of the territorv which mav be allotted to 
Russia. 

I take this ()i»portunlty of inclosing to you a copv of the note which 
I received from Uoimt Nesselrode, the dav "before he'leftSt. Petersburg, 
ae(|uainlmg nie that the Emperor had appointed M. Poletica to enter 
into preliminary discussion with Mr. Middleton and mvself upon the 
difiereiit (piestions growing out of the ukase. 

As it api)eared l)y this note that M. Poletica ^vas not empowered to 



EELATING TO TREATY OF 1825. 131 

treat, or, indeed, to pledge hisGovernment to any precise point, I have 
abstiiined from (Mitering with hini as fully into the matter as 1 should 
have done had his powers been more extensive. 

I had, however, two conversations with him, previously to Mr. Mid- 
dleton'^ receipt of his last instructions, upon the subject of territorial 
boundary as it regarded ourselves, and I then gave him to understand 
that t.he British Government would, I thought, be satisfied to take 
Cross Sound, lying about the latitude of 57i ", as the boundary between 
the two powers on the coast; and a meridian line drawn from the head 
of Lvnn Canal, as it is laid down in Arrowsmitli's last map, or about 
the one hundred and thirty-fifth degree of west longitude, as the bound- 
ary in the interior of the continent. 

M. Poletica, not being authorized to do more than take an}^ sugges- 
tion of this kind ad referendum, I am of course not yet able to inform 
you, as I am instructed to do by your dispatch No. 12. how far a more 
formal proposition on this basis, or on the ]:>asis of a line drawn at the 
tift\"-seventh degree, as suggested in that dispatch, might be agreeable 
to the Imperial Government. M. Poletica seemed to suggest the tifty- 
lifth degree as that which, in his opinion, Russia would desire to obtain 
as her boundary; and he intimated that it would be with extreme 
reluctance that Russia would, he thought, consent to any demarcation 
which would deprive her of her establishment at Sitka, or rather at 
Novo-Archangelsk. 

Still, 1 should not altogether have despaired of inducing this Govern- 
ment to accept Cross Sound as the boundary; and though I am awai'e 
that in suggesting this point I put in a claim to something more than 
1 am instructed to do in your dispatch above referred to, I thought that 
it might l)e for the advantage of the negotiation if I reserved the prop- 
osition of the tifty-seventh degree to a later period of it, and, judging 
from the map, it appeared to me that it might ]je desirable to obtain, if 
possible, the whole group of islands extending along the coast. 

But the discussion of this, and all other points connected with settle- 
ment of boundary, seems necessaril}^ to be suspended for the moment 
by the nature of Mr. Middleton's late instructions, and I shall not think 
it safe to venture further into the question until I shall have learned the 
opinion of His Majesty's Government upon the pretensions advanced 
in those instructions b}' the United States. 

I have, etc., Charles Bagot. 



[Inclcsure 2.] 
Count Nesseirode to Sir C. Bagot. 

St. Petersboueg, le 2£ Aoiii, 1823. 

M. I'Ambassadel'r: Enquittant St. Peter.sbourg, I'Empereur m'a charge d'annoneer 
il votre Excellence que, m'ayant doniie ordre de la siiivre dans son voyage, elle avoit 
antorise M. le Conseiller d'Etat Actuel de Poletica u entamer avec vous, M. I'Ambas- 
sadeur, des pourparlers relatifs aux differends qui se sont eleves entre la Russie at 
I'Angleterre, a la suite du nouveau Reglenient donne a la Compagnie Russie-Ameri- 
caine par I'Oukase de Sa Majeste Imperiale en date du 4 (16) Septembre, 1821. 

Ces pouri^alers auront pour but de preparer les voies il rajustement definitif de ces 
differends, et je ne doute point qu'ils ne facilitent ce resultat si vivement desire par 
I'Empereur. 

Je saisis, etc., Nesseleode. 



132 DIPLOMATIC CORRESPONDENCE 

[IiU'losure J.— Translation.] 
Coiint Nesselrode to Sir C. Bagot. 

St. Petersburg, Augw^t 22, 1823. 

Mr. Ambassador: On leaYiii,tr St. Peti'rs1)urg the Emperor charjj;e(l ine to announce 
toVoiir exoeilenc-v that, havinjr directed me to follow him on his journey, he had 
authorized Ai'tive-Councillor-of State de IVjletica to treat with you, ^Nlr. Ambassador, 
in reganl to the differences whicli have arisen between Russia and England, in con- 
seiiuence of the new regulations given to the Russian American Company by the 
ukase of His Imi)erial :Majestv of the 4th (16) of September, 1821. 

The object of these negotiations will be to prepare the way for the pernianent 
adjustment of these differences, and I do not doubt that they will facilitate that 
result which is so earnestly desired by the Emperor. 

I take advantage, etc., ' Nesselrode. 



M. Poletica to Count Nesselrode. 

St.-Petersbourg, le 3 novemhre 1823. (Received 7/19 Nov.) 

Monsieur le Comte: Imniediatement apres que V. Exc. eut quitte 
St.-Petersbourg au mois d'aoilt dernier, je m'occupais de Texecution des 
ordres qui nront ete traces dans I'office ministeriel en date du IS du 
nienie niois. 

.I'lii pcnse ([u'avant que d'entrer en pourparlers avec TAmbassadeur 
d'AnoU^terre et Tpjuvoye Aniericain, il convenait de me mettre prea- 
lablenient l)ien au fait des dispositions de notre Compagnie d'Amerique, 
tant Ti Teg-ard de la question concernant les limites de ses possessions 
sur la cote nord-ouest du continent aniericain, (|ue des objets plus 
iniportans de la juridiction maritime, que I'edit du -^ septembre 1821 
avait etendu jusqu'a la distance de 100 milles d'ltalie des cotes de la 
terre ferme. Mes entretiens sur ces deux points avec M. le Conseiller 
prive C. de Lambert, que le Ministere des finances avait constitue 
organe des interets et des voeux de notre Compagnie Americaine, me 
persuaderent que les uns seraient mis en surete et les autres complette- 
ment remplis, si Ton parvenait a tixer les limites des possessions de la 
dite Compagnie au 51" degrc de latitude nord, et en leur donnant pour 
profoiidcur tel degre de longitude (meridien de Greenwich) qui dans 
son prolongenient vers le pole laisserrait en dehors de notre Hmite la 
ri\ iere ^Mackenzie, 

Dans la lixation de la longitude M. le C. de Lambert avait eu princi- 
paleinent en vue I'etablissement d'une barriere a laquelle s'arreteraient 
une fois pour toutes, au nord coiDe a I'ouest de la cote allouee Ti notre 
Compsignie Americaine, les empictemens des agens de la Compagnie 
Aiiglaise rcunie de la l)aye de Hudson et de Nord-Ouest qu une con- 
naissance plus exacte du pays traverse par la riviere Mackenzie aurait 
pu facilcment amener par la suite du tems dans le voisinage de nos 
('tablissemens. 

^ M. le C. de Lambeil ne me laissa pas ignorer en meme tems que notre 
C'onipagnie Americaine n'etoit nullement dispose a faire des concessions 
(lu('lcon(iues, soit aux Anglais, soit aux Americains, sous le rapport du 
commerce et de la navigation dans les limites de ses possessions 
reconues. Qu'elle etait au contraire f ermement decidee a s'enreserver 
I'exploitation exclusive, et cette determination de sa part merite d'etre 
remaniuce, vu quVlle, fermera, selon toutes les probabilites. la princi- 
pale et meme Tuniciue difliculte dans la negociation avec le Gouverne- 
meiit des Etats-Unis d'Amerique. 



RELATING To TREATY OF 1825. 133 

Muni de ces donnees, qui coiuplettaient les directions et les aniple.s 
renseignemens qui rn'ont ete fournis par le Ministere Imperial, jo 
chercliai a me mettre en rapport avec le Chevalier Bagot et M. Mid- 
dleton. 

L'Envoye Americain se trouvant en ville, fut le premier que j'allai 
voir. Je lui lis oonnaitre en termes generaux Tobjet de ma visite, ainsi 
que mon vif desir de contribuer meme d'une maniere indirecte a Fapla- 
nissement des difficultes qui sV'taient elevees entre les deux Gouverne- 
ments au sujet des mesures prises chez nous pour proteger les interets 
compromis de notre Compagnie Americaine. 

M. Middleton me repondit, a la suite des civil ites ordinaires, quMl 
regrettait beaucoup de iie pouvoir, pour le moment, se livrer a sa propre 
impatience, d'entrer aussitot en matiere avec moi, faute crinstructions 
delinitives sur cet important ol)iet, de la part de son Gouvernement; 
qu'il les attendait incessannnent, et qu'aussitot qu'elles lui seroient 
parvenues, il s'empresserait de me le faire savoir. Dans le courant 
de la conversation, M. Middleton me tit entendre, que lui et TAmbassa- 
deur d'Angleterre etaient convenus de se tenir, pour ainsi dire, par la 
main dans cette partie de la negociation qui aura trait a la question de 
la juridiction maritime. 

II etait clair, d'apres la reponse de TEnvoj'e Americain que toute 
demarche ulterieur de ma part aupres de lui serait superfine, jusqu'a 
Farrivee des instructions (\n\\ attendait. Je pris aussi le parti de me 
tenir parfaitement tranquille a son egard. 

Ce fut a peu pros vers le meme tems que je vis pour la premiere fois 
I'Ambassadeur d'Angleterre a sa campagne. 

Le Chevalier Bagot me recut avec la politesse la plus franche. Et 
quoiqu'il ne jugea pas a propos non plus de s'expliquer autrement qu'en 
termes generaux sur Tatfaire que nous avions a discuter ensemble, son 
langage et le ton qu'il y a mis indiquaient clairement les dispositions 
les plus conciliantes. II me contirma ce que M. Middleton m'avoit dit, 
concernant leur accord de suivre en commun la question de la juridic- 
tion maritime. 

Le Chevalier Bagot remit jusqu'a son retour en ville, qui devait 
avoir lieu dans une quinzaine de jours, le commencement de nos pour- 
parlers en forme. Eti'ectivement le surlendemain de son retour en ville, 
TAmbassadeur d'Angleterre vint me rendre sa visite, c[ui se passa en 
pures civilites; cependantil niMnsinua que les nouvelles instructions de 
M. Middleton n'etant point encore arrivees, il serait convenable d'at- 
tendre encore quehjue temps. 

Quelques jours apres j'eus I'honneur de duier chez TAmbassadeur 
Britannique. Au ><ortir de tal)le il me prit a Tecart pour me dire. quVn 
attendant les instructions ([ue M. Middleton n'avoit point encore recues, 
rien ne nous empechait d'aborder la question territoriale a laquelle les 
Americains etaient en quelque facon etrangers. II me proposait en 
consequence de passer chez moi, un jour qui seroit a notre convenance 
mutuelle. 

Toutes mes instances pour engager le Chevalier Bagot a me recevoir 
chez lui out ete inutiles. 

Au jour convenu, le 2 octobre dernier Sir Charles Bagot vint me 
trouver vers midi. II debuta par me demander si, dans le cas qu'il me 
comnuini(iuerait une proposition specitique quelconque relative a la 
question territoriale, jetais autorise a lui declarer, que cette proposition 
serait agreable ou non au Gouvernement Imperial. Je repondi aussitot 



134 DIPLOMATIC CORRESPONDENCE 

li rAnibassadour liiitanniciiie. que mos instructions ne me permettaient 
aucune declaration positive a cet egard: quVlles se bornaient unique- 
ment a ine peiMi.ettre de discuter contidentiellenient soit avec lui, soit 
avec M. Middleton, Taflaire dont il s'agit, de leur fournir toutes les 
explications (jue cette discussion pourrait me suggerer; et cela dans la 
vue de faciliter la negociation directe et formelle lorsqu elle viendrait 
a etre eta])lie apres le retour de S. M. I.; que ces pourparlers prelimi- 
naires, que j'axais etc autorise Ji entamer avec lui et M. Middleton, 
avaient paru au Gouvernement Impei-ial un mo3'en convenable d'ac- 
celerer la negociation directe et d'abreger les discussions subscquentes 
et les ecritures, en tant qu'il serviroit si t'aire connaitre d'avance les 
vuesgeneralesdesGouvernemens respectifs sur I'ali'aire qu'il s'ag-issait 
d'arranger; qu'il s'en suivait par const'quent que je ne pouvais accueil- 
lir autrement toute proposition qui serait autrement toute qu'en la 
prenant ad refei'i'iuhuii. 

Ce point explique, le Chevalier Bagot m'interpella de lui faire con- 
naitre quelle seroit, dans la pensee du Gouvernement Imperial, la ligne 
de separation entre nos possessions sur la cote nord-ouest de PAmeri- 
que et celles que TAngleterre se croyait en droit de revendiquer. »Te 
crus quMl convenait mieux d'aborder f ranchement la question. Laissant 
done le cote les circonlocutions, que le Gouxernement Imperial croirait 
avoir satisfait a toutes les concessions, que reclamait sa moderation et 
son vir desir de maintenir la bonne intelligence avec toutes les puis- 
sances etrangeres, en lixant la limite entre les possessions russes et 
anglaises au 54'" degre de latitude et en donnant pour longitude telle 
ligne, qui, dans son prolongement en lig-ne droite vers le pole, laisseroit 
la reviere Mackenzie en dehors de la frontiere russe. 

Le Chevalier Bagot me repondit, apres avoir retlechi un moment, 
que le point de demarcation, que je venois de lui indiquer, etoit bien 
loin de celui (jut^ son Gouvernement auroit voulu fixer. II me dit 
ensuite, que d'apres toutes les recherches qui ont etc faites en Angle- 
terre et les opinions exprimees par les honunes de loi les plus experts, 
les droits de la Russie a la possession de la cote nord-ouest de 
I'Amerique, au-dessous du 60^ de latitude, n'etoient rien moins que 
bien etablis; que le seul titre legitime de toute possession terri- 
toriale etoit, d'apres I'avis des publicistes anglois et leurs hommes 
de loi qu'on a consultes, non la premiere decouverte ou meme la prise 
de possession selon les anciennes formal ites usitees par les navi- 
gateurs, mais I'occupation pratique des territoires nouvellement 
dccouverts; (jue cette preuve de droit manquoit aux titres pro- 
duits jusqu'a pi-csent par la Russie, a Texception de Tetablisse- 
nient de Novo-Arcliangelsk, qui ne date toutefois que depuis Tannee 
1S02 ou 1808, A Tappui de ce (juMl venoit de me dire, le Cheva- 
lier Bagot me kit une opinion de I'avocat du Roi a Londres, 
concu(» dans le sens (\\\\\ avoit enonce; et pour me demontrer que les 
pretentions de la Russie a la possession des points au-dessous du (50° 
de latitude ^ur la dite cote etoient d'une origine tres recente, TAmbas- 
sadcui- liritanni(iue me fit la lecture de quelques pieces de la corres- 
pondance (qui cut lieu en ITHO) entre le Comi)te de Florida Blanca et M. 
Fitzherbert, depuis Lord St. Helen's, lors du ditierendaui s'etoit eleve 
entre TEspagne et TAngleterre au sujet de Xootka 'Sound (vovez 
1 Annual Register de Tannee ITltO. pages 2U2-301). Cette correspon- 
dance. disait M. Bagot, contenoit d^ipres les assertions de la Cour de 
Madrid, une reconnoissance explicite, de la part de la Russie, des droits 



KELATING TO TREATY OF 1825. 135 

de PEspagne a la possession de la cote nord-ouest do I'Amerique 
depuis la pointe de la Calif ornie de TEspagne, jiLscja'au 01'-^ de latitude 
inclusivement. 

Au milieu de ce raisonnenient, rAnibas.sadeur Britanuique suspendit 
brusquement la discussion, pour nie dire, que son Gouvernement 
n'avoit, apres tout, nulle intention de traiter la question territoriale 
d'apres les principes abstraites du droit public et celui des gens; que 
ce seroit le nioven de rendre la discussion interminable; que le Cabinet 
de Londres attendoit un resultat plus satisi'aisant pour les deux parties 
interesses d'un arrangement a Taimable qui ne seroit base que sur la 
convenance reciproque, et que c'etoit dans cet esprit que ses instruc- 
tions avoient ete tracees. 

Je repondis ti 8ir Charles Bagot, que dans la question dont il s'agit 
autant que je pouvois prejuger des dispositions du Gouvernement 
Imperial, je crovois pouvoir prendre hardiment sur moi de Tassurer, 
qu'elles s'accordoient parfaitement avec celles du Cabinet de Londres. 
Je le priai ensuite de me faire connoitre le point de demarcation, que 
son Gouvernement jugeoit devoir separer les possessions respectives 
sur la cote nord-ouest de TAmerique. 

Le Chevalier Bagot se mettant alors a la carte geographique que nous 
avions sous les yeux, trac/a dessus, avec son doigt, une ligne qui com- 
mencoit au 57- de latitude et dont rintersection designait le 185^ de 
longitude, meridien de Greenwich, precisement au point, ou doit se 
trouver notre etablissement de Novo-Archangelsk. 

Cette demarcation laisseroit a coup sur un espace considerable entre 
les points de limites indiques de part et d'autre lors meme que le Gou- 
vernement Imperial se decideroit, dans IMnteret de la conciliation a 
faire remonter la ligne de demarcation au 55^ de latitude, telle qu'elle 
avoit etc dejii designee dans I'acte d'incorporation accorde a notre Com- 
pagnie Americaine en 17n9 par TAuguste Predecesseur de S. M, I. 

-Je crus devoir repondre au Chevalier Bagot, quMl avoit bien raison 
de trouver que nous etions Tun et Tautre loin de notre compte; que pour 
ma part, j'en etais d'autant plus peine, que je n'entrevoyois aucune con- 
sideration qui dut engager le Gouvernement Imperial a reculer les lim- 
ites de ses possessions sur la cote Nord-Ouest de TAmerique, de deux 
degres au clela meme due point indique dans la Charte de TEmpereur 
Paul I. dont il vient d'etre (juestion. 

Je lui tis observer, que si Tedit du -t Septembi'e 1821, aviot pu blesser 
les interets coloniaux et maritimes de quelques Puissances etrangeres, 
on s'est empresse chez nous, aux premieres reclamations qu'elles nous 
ont fait parvenir, de suspendre les dispositions de cet edit, et speciale- 
ment celles qui donnoient le plus de prise a ces reclamations: que dans 
les explications subsequentes, le Gouvernement Imperial a constamment 
manifeste les intentions les plus conciliantes: cpi'd etoit dispose a faire 
toutes les concessions reclamees par la justice, et dans la question des 
limites territoriales et dans celle relative a la jurisdiction maritime. 
jMais qu'il auroit naturellement beaucoup de repugnance a se dessaisir 
d'une limite etablie par la Charte de Paul I. et sanctionee en quelque 
fa^'on par une possession non contestee d'environ un quart de siecle. 

La dite Charte n'ayant point ete officiellement communitjuee dans le 
tems aux puissance etrangeres je ne m'obstinerai point a soutenii 
(disais-je) qu'elle constitutit un droit parfait. Mais cpi'il n'etoit pas 
moins vrai, que les puissances etrangeres ne pouvoient ignorer Fexist- 
ence de cette Charte, et que depuis Tepoque de sa publication en Russie, 



136 DIPLOMATIC CORRESPONDENCE 

jusquTi coUe dc rodit du 4 Septembre, elle n'a donne lieu ii aiicune 
reclamation de leurpart. 

Jo demandois en suite au Chevalier Bagot. .s"il ne reconnoissait pas 
lui nienie que ce seroit vouloir imposer un sacrifice trop sensible a la 
diiiniteduliouvornenientlmperialquedepretendrequ'ildiseauiourd'hui 
a ses pi-o])res sujets: Nous vous avons laisses croire depuis 22 ans que 
les liinites de iios possessions sur la cote N. O. de TAmerique s'eten- 
doient depuis le detroit de Behring- jusqu'au 55^ de latitude; eh bien, 
nous vous dison>^ maintenant que cY'toit une erreur et que la liuiite 
meridionale doit s'arreter au 57 . parce qu'on vient de nous demontrer 
que le territoire que depasse cette limite ne nous a jamais appartenu. 
Finalement je priai le Chevalier Bagot d'observer, que dans toute 
cette atlaire il ne pouvoit etre question, pour la Russie, que de conces- 
sions: qu'en replac/ant les limites de ses possessions sur les continent 
d'Amerique au 55- (si toutefois le Gouvernement Imperial s\y determi- 
noit. ce (|iie je ne pouvois prendre sur moi de pressentir) et en modifiant 
simultanement son principe de juridictiou maritime, la Russie satis- 
fesoit non seulement aux desirs raisonables de tons les gens moderes 
en Angleterre. mais qu'elle fermeroit aussi la bouche aux declamateurs 
exageres du parti de Topposition. qui ne cessent d'entretenir le public, 
soit dans les nouvelles du joui', soit dans les seances du Parlement, de 
ce qu'ils appellent raml)ition demesuree de la Russie. 

Car il seroit alors indubitable (jue les resultats materiels et moraux 
de la negociation seroient tons a Tavantage de FAngleterre. 

L'Ambassadeur d'Angleterre parut sentir le poids de ces consi- 
derations et ne fit meme aucune diificultc d'avouer quHl les trouvoit 
plausibles. II me repondit toutefois, que ses instructions ne Tautorisent 
point a adniettre auciuie autre ligne de demarcation et qu'il ne lui 
restoit par conseiiuent d'autre parti a prendre que de s'en remettre aux 
avis ulterieurs de la part de son Ciouvernement. 

En nous separant. apres un entretien de 2 heures et demie, nous nous 
sommes recipro(|uement invites a refiechir sur les objets de notre dis- 
cussion, J'ajoutai en definitif, que bien que nous fussions loin d'etre 
d'accord sur la question territoriale, je la croyois neanmois avancee et 
susceptible d'un developpement facile et prompt, ne fut ce que par la 
franchise, que nous avons mis, tons dtuix, dans la maniere, dont nous 
'avions cnoncee et que cette initiative ne pouvait etre que de bon augure. 
Dans le compte ([ue je viens de rendre a V. Exc. de mon premier 
entretien avec rAml)assadeur d'Angleterre, je me suis particulierement 
attach*' a consignor, avec une scrupuleuse exactitude, tout ce qui s'est 
dit ontre nous, concornant la ((uostion territoriale, que je crois devoir 
envisagor conimo le point le i)lus important de la negociation. 

Des considerations d'une im])ortance secondairo. mais que je ne puis 
passer sous silence, ont et«' incidiMitoUement mentionnoes durant la dis- 
cussion. Cost ainsi <iu'apres m'avoir fait part du projet de demarcation 
concu par son (iouvenuMuent, le Chev. Bagot est convenu sans hositer, 
que les liinites entre les possessions respectives une fois etablies, nous 
serions pjirfaitement les maitres d-iiitroduire. dans le territoire qui nous 
sera devolu. tols roglcniens administratifs (jue notre propre sagesse 
nous aura suggoros. Cost a dire (|u'il nous sera parfaitement lil)re 
d adinettro dans nos |)aragos la navigation ctrangere. ou bien de nous 
en rosorver exdusivoment Texploitation. 

L Anil>assi(l('ui' crAngleterre me declara do plus, qu'a cet egard son 



RELATING TO TREATY OF 1825. 137 

Gouvernement ne sono"oait ii se menager auciiiK* exception en t'aveiir 
des sujet.s britanniques. 

Tout en ni'expli(|uant les motifs qui ont eng-a^-e Ic Gouvernement 
bvitanni(iue a faire, pour ainsi dire cause connnune avec les Ameri- 
cains, dans la question de la juridiction maritime, motifs que le (,'hev. 
Bagot dit avoir comnnniiques a V. Exc. il convenait avec moi de la 
manierc la plus explicite (jue la question territoriale ne regardait 
nullement les Americains. Mais il pensait conmie moi, que ces derniers 
cbercheront li obtenir de nous la reconnoissance de ce qu'ils pretendent 
etre un ancien droit a, eux appartenant, non seulement de naviguer 
librement dans nos parag'es, mais aussi de tratiquer avec les naturels 
du pays. 

Lorsque j'observai au Che\alier Bagot t(ue sa ligne de demarcation 
nous enlevait, ou la totalite, ou la meilleure moitie de I'isle de St. 
Georges autrement Sitka (sauf erreur) il me parla d'un dedommagement 
pecuniaire pour les pertes que nous pourrions y essuyer. Je n'ai pas 
cru devoir me permettre ni d'encourager, ni de rejetter cette insinuation; 
je la passai done sous silence. 

Le surlendemain de cette entrevue, Sir Cbarles Bagot est revenu 
chez moi dans la matinee, pour me dire que Tobjet de sa visite etait 
uniquement de rectitiei une erreur involontaire qu'il avoit commise en 
parlant du 137-^ tandis qu'il entendait le 135"^. 

[Translation.] 

31. PoJetlca to Count Nesselrode. 

St. Petersburg, JSfovemher 3., 1H2S. (Received 719 Nov.) 
Count: Innnediately after your excellency left St. Petersl)urg, in 
the month of August last, I proceeded to the execution of the orders 
which were given me in the Department on the 18th of the same 
month. 

I thought that l)efore entering into negotiations with the English 
ambassador and the American envo}', it would be well for me to be 
thoroughly informed as to the views of our American company, both 
with regard to the question concerning the boundaries of its posses- 
sions on the northwest coast of the American continent, and the more 
important subject of the maritime jurisdiction, which the edict of Sep- 
tember 4, 1821, had extended to the distance of 100 Italian miles from 
the coasts of the mainland. ]\ly conversations on these two points 
with Privv Councillor Count de Lambert, whom the ministry of finance 
had appointed to represent the interests and the wishes of our Ameri- 
can companv, convinced me that the interests would be protected and 
the wishes entirely satisfied if we succeeded in fixing the boundaries 
of the possessions of the said company at the fifty -fourth degree of 
north latitude, and by giving- them in depth such a degree of longitude 
(meridian of Greenwich) as, in its prolongation toward the pole, would 
leave the Mackenzie River outside of our boundary. 

In fixing the longitude, Count de Lam])ert had mainly in view the 
establishment of a barrier at which would be stopped, once for all, to 
the north as to the west of the coast allotted to our American com- 
pany, the encroachments of the English agents of the amalgamated 
Hudson Bay and Northwest English Company, whom a more intimate 
acquaintance with the country traversed by the Mackenzie River 



138 DIPLOMATIC CORRESPONDENCE 

miffht easily brino- in the course of time into the neighborhood of our 
establishments. 

At the same time. Count de Lambert did not leave me in ignorance 
of the fact that our American company was not in the least disposed 
to make anv concessions whatever, either to the English or Ameri- 
cans, with respect to commerce or navigation within the borders of 
its iicknowledged possessions: that it was, on the conti-ary, lirmly 
resolved to reserve their exclusive exploitation for itself; and this 
determination on its part, is worthy of notice, as in all probability it 
will constitute the chief and even the only ditHculty in the negotiations 
with the Government of the United States of America, 

Furnished with these data, which supplemented the directions and 
the ample information given me l)y the imperial ministry. 1 proceeded 
to plac(> myself in communication Avith the Chevalier Bagot and Mr. 
Middh'ton' 

As the American envoy was in the city, 1 went to see him lirst. I 
informed him in general terms of the object of m}^ visit, and expressed 
my warm desire to contribute, even indirectly, to the removal of the 
differences which had arisen between the two Governments on the sulj- 
ject of the measures taken by us to protect the threatened interests of 
our American company. 

Mr. Middleton replied, after the usual courtesies, that he greatly 
regretted that he could not. at that time, indulge his own impatience to 
enter upon the subject with me at once, as he had no positive instruc- 
tions from his (Tovcrmnent on this important point; that he was expect- 
ing them dailv, and that as soon as they reached him he would hasten 
to notify me. In the course of the conversation Mr. Middleton gave 
me to understand that he and the English ambassador had agreed to 
go hand in hand, so to speak, in that part of the negotiations relating 
to the maritime jurisdiction. 

It was evident from the American envoy's reply that an}" further 
steps on my part near him would be useless until the arrival of the 
instructions which he was expecting. I therefore decided to remain 
perfectly quiet so far as he was concerned. 

At about the same time I tirst saw the English ambassador at his 
coiuitiT liouse. 

Chevalier Bagot received me with the most open courtesy, and, 
although he also did not think proper to express himself otherwise 
than in general terms upon the matter which we were to discuss 
together, his language and the tone which he used clearly indicated 
the most conciliatory sentiments. He corroborated what Mr. Middle- 
ton had told me concerning their agreement to act in concert on the 
question of the maritime jurisdiction. 

Chevalier Bagot postponed the commencement of our negotiations in 
regular form until his return to the city, which would l)e within a fort- 
night. Accordingly, two days after his return to the city, the English 
ambassador paid me a visit, which passed in mere civilities, Imt he 
intimated that as Mr. Middk?ton:s new instructions had not yet arrived 
it would be proper to wait some time longer. Some davs "afterwards 
I had the honor to dine at the British ambassador's. Upon leaving the 
table, he took me aside to tell me that, while awaiting the instructions 
which Mr. Middleton had not yet received, there was nothing to pre- 
vent our discussing the territorial question, to which the Americans 
were, m a measure, strangers. He therefore proposed to me that he 



RELATING TO TREATY OF 1825. 139 

should go to my house on some day that would suit us ))oth. All my 
etlorts to induce the Chevalier Bagot to receive me at his house were 
in vain. 

On the day fixed, the 2d October last, Sir Charles Bagot called on 
me at about noon. He began by asking me whether, in the event that 
he eomnuinicated to me any specific proposition whatever relative to 
the territorial question, I was authorized to tell him whether that 
proposition would or would not be acceptable to the Imperial Govern- 
ment. 1 immediately replied to the British ambassadt)r that my in- 
structions did not permit me to make any positive declaration on the 
suV)ject: that they were simply confined to permitting me to discuss 
the matter in question confidentially either with him or with Mr. Mid- 
dleton, to furnish them with all the explanations that the discussion 
might suggest to me; and this, with a view to facilitating the direct 
and formal negotiations, when the^^ should come to be instituted after 
the return of His Imperial Majesty; that these preliminary discussions, 
which 1 had l)een authorized to begin with him and Mr. Middleton, 
had appeared to the Imperial Government to be a suital)le means of 
hastening the direct negotiations and of shortening the subsequent dis- 
cussions and the writings, in so far as they would make known before- 
hand the genei'al views of the respective Governments as to the matter 
w4iich was to l)e settled; that it followed, consequent!}", that 1 could 
not entertain any proposition otherwise than by taking it ad refer- 
endum. 

This point having been explained, Chevalier Bagot requested me to 
inform him what, in the opinion of the Imperial (Tovernment, should 
be the line of separation between our possessions on the northwest 
coast of America and those which P^ngland thought herself entitled to 
claim. I thought that it would be better to meet the question frankly. 
Consequently, avoiding circumlocutions [I said], that the Imperial 
Government would think that it had made all the concessions required 
b}" its moderation and its earnest desire to maintain a good under- 
standing with all foreign powers by fixing the boundary between the 
Bussian and English possessions at the fifty-fourth degree of latitude, 
and ])y giving for the longitude such a line as in its prolongation in a 
straight line toward the pole would leave the Mackenzie River outside 
of the Russian frontier. 

Chevalier Bagot, after a moment's reflection, replied that the point 
of demarcation which I had just designated was very far from being- 
that which his Government would have wished to fix. He then told me 
that, according to all the researches which had been made in England, 
and the opinions expressed by the most learned lawyers, the right of 
Russia to the possession of the northwest coast of America below the 
sixtieth degree of latitude was anything but well estal)lished: that the 
only legitimate title to any territorial possession w^as, according to the 
opinion of the English publicists and that of the lawyers who had been 
consulted, not the first discovery, nor even the taking possession in 
accordance with the ancient formalities used l)y navigators, but the 
actual occupation of the newly discovered territories; that this proof 
of the right was wanting in the evidence produced up to the present 
time by Russia, with the exception of the establishment of Novo- 
Archangelsk, which, however, only dates from the year 1802 or 1803. 
In support of what he had just told me. Chevalier Bagot read me an 
opinion of the the King's counsel, in London, drawn up in the sense 



140 DIPLOMATIC CORRESPONDENCE 

which ho had stated; and. to prove to me that the claims of Russia to 
the possession of the points below the sixtieth degree of latitude on the 
said coast were of very recent origin, the British ambassador read to 
me some portions of the correspondence (which occurred in 17!M») 
between Count Florida Blanca and Mr. Fitzherbert, afterwards Lord 
St. Helens, at the time of the ditference which had arisen between 
Spain and England with regard to Nootka Sound (see the Annual 
Keuisterfor 1T5U), pp. :i!>2-30l). This correspondence, said Mr. Bagot, 
contained, according to the assertions of the court of Madrid, an 
exi)licit recognition on the part of Russia of the right of Spain to the 
possession of the northwest coast of America, from the point of Cali- 
fornia. l)elonging to Spain, to the sixty-tirst degree of latitude, inclusive. 

In tlie midst of this argument the liritish ambassador suddenly sus- 
pended the diseussion in order to tell me that his (jrovernment had, 
after all. no intention of discussing the territorial question according- 
to the abstract principles of public law or of international law; that 
that would have the elfect of rendering the discussion interminable; 
that the cabinet of London expected a more satisfactory result for the 
two parties interested, from an amicable arrangement which would be 
based only upon nmtual consent, and that his instructions had been 
drawn up in that spirit. 

I replied to Sir Charles Bagot that in the matter in question, so far 
as I could foresee the views of the Imperial Government, I believed 
that I could take upon myself boldly to assure him that they were in 
perfect agreement with those of the cabinet of London. I then asked 
him to tell me the point of demarcation, which, in the opinion of his 
Government, ought to divide the respective possessions on the north- 
west coast of America. 

Chevalier Bagot then placed himself before the geographical map 
which we had at hand, and traced upon it with his linger a line begin- 
ning at the lifty-seventh degree of latitude, the intersection of which 
designated the one hundred and thirty-tifth degree of longitude west 
of (Treenwich. precisely at the point where our establishment of Novo- 
Archangelsk ai)pears to be. 

This demarcation would certainly leave a considerable space between 
the t)oundaries designated on both sides, even if the Imperial Govern- 
ment should decide, in the interests of conciliation, to bring the line 
of deniarcation up to the tifty-tifth degree of latitude, as it had already 
been fixed in the act of incorponition granted to our American com- 
pany in 17!»!l l)y Mis Imperial Majesty's august predecessor. 

I thought it my duty to tell ChevaVun- Bagot in reply that he had 
good reason to say that we were both greatly out in our reckoning; 
that for my part I regretted it the more because I could see no consid- 
eration that could induce the Im))erial (Government to draw back the 
bonndary of its jjossessions on the northwest coast of America two 
di'grccs beyond the point mentioned in the charter of the Emperor 
I'aul I, which has just been referred to. 

I remarked that" if the edict of September 4. 1S21, had been detri- 
mental to the colonial and maritime interests of any of the foreign 
powei-s. we had hastened, at the lirst remonstrances which thev had 
addressed to us. to sus])end the execution of the provisions of that 
edict, espeeially those which gave most cause for those remonstrances; 
that in the sui)sequent exi)lanations the Imperial Government con- 
stantly manifested the most conciliatorv intentions; that it was dis- 



RELATING TO TREATY OF 1825. 141 

posed to make all the concessions wliieli justice required, both upon 
the question of the tei'ritorial boundaries and upon that of the mari- 
time jurisdiction: but that it would naturally be very unwilling- to 
abandon a l)Oundary esta])lished I)}' the charter of Paul 1 and con- 
firmed, to some extent, ))y an undisputed possession of about a ([uarter 
of a century. 

As the said charter was not at that time ofliciall}' comnumicated to 
the foreign powers, I will not persist in maintaining-, said I, that it con- 
stitutes a de facto right; but that it was none the less true that the 
foreign powers could not have been ignorant of the existence of that 
charter, and that from the time of its promulgation in Russia to that 
of the edict of Septeml)er 4, [iSr^lj, it had not occasioned any protest 
on their part. 

I then asked Chevalier Bagot whether he did not himself admit that 
it would l)e attempting to impose too great a sacrifice upon the dignity 
of the Imperial (joverimient to require it to. say now to its own sub- 
jects: " We have allowed you to believe for twenty-two years past that 
the boundaries of our possessions on the northwest coast of America 
extended from Bering Strait to the tifty-lifth degree of latitude; well, 
w^e tell you now that it was a mistake, and that the southern boundary 
must stop at the lifty-seventh degree, because it has just been proved 
to us that that l)ouiidary never belonged to us.'' 

Lastly, I requested Chevalier Bagot to take notice that in this whole 
matter, as far as Russia was concerned, it could only be a question of 
concessions; that by replacing the boundar}' of her possessions on the 
continent of America at the tifty-tifth degree (provided always that 
the Imperial Government decided to do so. wdiich 1 could not take upon 
myself to predict) . and by modifying at the same time her theory of mari - 
time jurisdiction Russia not only complied with the reasonable wishes 
of all moderate people in England, but that she would also silence the 
extravagant declaimers of the opposition party, who were incessantly 
haranguing the public, either in the daily papers or in the sessions of 
Parliament, about what they call the unbounded ambition of Russia. 

For there would then he no doubt that the material and moral results 
of the negotiations would all be to the advantage of England. 

The English ambassador seemed to feel the weig"ht of these argu- 
ments, and did not hesitate to admit that he thought them plausible. 
He replied, however, that his instructions did not authorize him to 
agree to any other line of demarcation, and that consecjuently he had 
no other course to take than to await further instructions from his 
Government. 

Upon separating, after an interview^ of two hours and a half, we 
each requested the other to reflect on the subjects of our discussion. 
I added, in substance, that although we were far from agreeing upon 
the territorial question I still thought that we had made some progress, 
and that it was susceptible of an eas}' and speed}" settlement, were it 
only owing to the candor which we had both displayed in our way of 
discussing it, and that this l)eginning wa.s very promising. 

In the account which I have just given your excellency of my first 
conversation with the English amljassador I have endeavored espe- 
cialh' to repeat with scrupulous accuracy all that was said between us 
concerning the territorial question, which I think that I ought to 
regard as the most important point in the negotiations. 

Matters of secondarj' importance, but which I can not pass over in 



142 DIPLOMATIC CORRESPONDENCE 

.silence, were incidentally mentioned during- the discussion. In this 
way Chevalier Bagot, after int'orniing me of the plan of demarcation 
devised bv his Government, agreed unhesitatinoly that when the 
boundaries between our respective possessions were once established 
we would be perfectly free to introduce into the territory allotted to us 
such administrative regulations as our own wisdom might suggest; 
that is to say, that we shall have full liberty to permit foreign naviga- 
tion in our waters or to reserve them exclusively for our own use. 

The English ambassador declared to me, moreover, on this subject 
that his Cioverimient was not thinking of procuring anv exceptional 
privileges for British subjects. 

While explaining to me the reasons which induced the British Gov- 
ernment to make counuon cause, so to speak, with the Americans in the 
(juestion of the maritime jurisdiction, which reasons Chevalier Bagot 
said that he had conununicated to your excellency, he agreed with me 
in the most ex})licit manner that the territorial question did not con- 
cern the Americans in the least; but he thought, as I did, that they 
would try to ot)tain from us the recognition of what they claim to be an 
ancient right b(donging to them, not only to navigate our waters f reel}^, 
l)ut also to trade with the natives of the country. 

When 1 remarked to Chevalier Bagot that his line of demarcation 
deprived us of the whole or the larger half of the Island of St. George, 
otherwise called Sitka (if I am not mistaken), he spoke of a pecuniar}^ 
indeinnit}" for the losses that we might sustain there. 

1 did not think that 1 ought to allow myself either to encourage or 
reject this suggestion, I therefoi'e passed over it in silence. 

Two days after this interview Sir Charles Bagot returned to my 
house in the morning to tell me that the object of his visit was only to 
rectify an involuntary mistake which he had made in speaking of the 
one hundred and thirtv-seventh degree, when he meant the one hun- 
dred and thirtv-tifth. 



Shipoumer^ Society to Mr. G. Canning. 

New Broad Street. 
Xoveinhcr 19, 1823. (Received Nov. 24,) 

Sii:: In the month of June last you were pleased to honor me with 
an interview on the subject of the Russian ukase prohibiting foreign 
vessels from touching at or approaching- the Russian establishments 
along the northwest coast of America therein mentioned, when vou had 
the goodness to inform me that a i-epresentation had been made^ to that 
Government, and that you had reason to believe that the ukase would 
not be acted upon; and very shortly after this communication I was 
infoi-med. on what I considered undoubted authority, that the Russian 
Government had consented to withdraw that unfounded pretension. 

The connnittee of this society being al)out to make their annual 
report to the shipowners at large, it would be satisfactory to them to 
l«' able U) state therein that official advices had been received from 
M, 1 etei-sburg that the ukase had been annulled; and should that be 
t lie case. I have to express the hope of the committee to be favored 
witli a comnuuHcation from you to that effect, 
I have, etc, 

George Lyall, Chalrinan. 



RELATING TO TREATY OF 1825. 143 

Mr, G. Cdnnimj to Co>i)it Lieven. 

[Private aiul confidential.] 

Foreign Office, November ^5, 1823. 
My Dear Count Lievex: I have received the inclosed letter from 
the Shipowners" Society. My answer to it must be in writing-, and not 
long- after it will be in print. 

1 wish, therefore, that you shoukl know beforehand what the nature 
of it will be, and for that purpose I inclose a draft of it which I will 
be obliged to you if you will return with an}^ remark that ma}' occur 
to you, returning also Mr. Lyall's letter. 

I have, etc., Geo. Canning. 



Count Lieven to Mr. G. Canning. 

[Particuliere et eonfidentielle.] 

AsHBURNHAM HouSE, le 26 jVovemhre, 1823. 

(Received Nov. — .) 

MoN CHER M. Canning: Je vous suis infiniment reconnaissant de la 
communication que vous avez ])ien voulu me faire. En a'ous restituant 
ci-pres les deux annexes jointes a votre lettre, et en me prevalent de la 
permission que vous avez cu la bonte de me donner, je prends la liberte 
de vous observer: quMl serait desirable que le passage hiarque au crayon 
dans la Minute de votre reponse fut substitue par Tannonce, "que les 
nouvelles instructions donnces aux Commandants des croisieres Russe& 
sont conf ues dans Tintention de prevenir les voies de fait entre les vais- 
seaux Russes et ceux des autres nations, et qu'en general elles peuvent 
etre considerees comme de nature a faire suspendre provisoirement 
I'ett'et de FUkase Imperial du 4 Septembre, 18iJl.'' 

Je crois que par ces expressions Tobjet de tous serait egalement 
atteint. 

Veuillez, &c. . Lieven. 

[Translation.] 

Count Lieven to Mr. Canieiiig. 

[Private and confidential.] 

ASHBURNHAM HousE, NovenJjeT 26., 1823. 

(Received Nov. — .) 

jVIy Dear Mr. Canning: I am infinitely grateful to you for the com- 
munication which vou have so kindly made to me. Returning herewith 
the two inclosures to jovw letter, and availing myself of the permission 
that you have had the goodness to grant me. I take the liberty of sa}- 
ing it would be desirable that the passage marked in pencil in the rough 
draft of your reply be replaced by the notice "that the new instruc- 
tions given to the commanders of the Russian cruisers are drawn up 
with the idea of preventing collisions between the Russian ships and 
those of other nations, and that, in general, they ma}' be considered of 
such a nature as to provisionally suspend the efiect of the imperial 
ukase of September -4, 1821. " 

I believe that by this mode of expression the object of all would be 
equally attained. 

Pray accept, etc., Lieven. 



144 DIPLOMATIC CORKESPONDENCE 

Foreign Office to Shij:>-owiiers- Society. 

Foreign Office, Novemher ^26 ^ 1823. 

Siu: 1 am directed by Mr. Secretary Canning- to acknowfedge the 
receipt of your letter of the 19th instant, expressing a hope that the 
ukase of September, 1821. had been annulled. 

Mr. Canning can not authorize me to state to you in distinct terms 
that the ukase has been '-annulled," because the negotiation to which 
it gave rise is still pending, em1)racing, as it does, many points of 
great intricacy as well as importance. 

But I am directed by Mr. Canning to acquaint you that orders have 

been sent out by the court of St. Petersburg to their naval commanders 

calculated to prevent any collision between Russian ships and those of 

other nations, and, in eti'ect, suspending the ukase of September, 1821. 

1 am. etc., 

F. CONYNGHAM. 



Ml'. G. Cannlmj to Sir C. Bagot. 

No. 2.] Foreign Office, January 15, 1821/,. 

Sir: A long period has elapsed since I gave your excellency reason- 
to expect additional instructions for your conduct in the negotiation 
respecting the Russian ukase of 1821. 

That expectation was held out in the belief that I should have to 
instruct you to conil)ine your proceedings with those of the American 
minister, and the framing such instructions was, of necessity', delayed 
until Mr. Rush should l)e in possession of the intentions of his Govern- 
ment upon the sul.)ject. 

Upon receipt of your excellenc3''s dispatch No. 48, reporting the 
arrival of ^Ir. Hughes at St. Petersburg, with the instructions of the 
(iovermnent of the United States to Mr. Middleton, I applied to Mr. 
Rush for infoi-mation as to the tenor of those instructions. I then 
found, what 1 had not })efore been led to suspect, that ]Mr. Rush had 
himself authority to enter into negotiiitions with us as to the respective 
claims of Great Britain and the United States on the northwest coast 
of America, although he does not appear to have been instructed to 
invite such negotiation here if we should prefer leaving it to be con- 
ducted at St. Petersburg. 

It seenied, however, that it would greatly facilitate your excellency's 
task at St. Petersburg if we could come to some satisfactory under- 
standing with Mr. Rush on the principles and leading points of the 
negotiation, and that, at all events, it was advisable to ascertain so 
much from Mr. Rush as might enable us to judge whether it would 
or would not be expedient to agree to the proposal of the United States 
for combining our several negotiations Avith Russia into one. 

Such a con)bination had indeed already been proposed by us with 
respect to so much of our respective discussions with Russia "as turned 
ujjon the maritime pretensions of the Russian ukase. But that pro- 
l^osal had not been made in contemplation of the territorial question 
to which tiie pretensions of the United States have given a new and 
coniplicated character. 

The object in applying jointly to Russia for a disavowal or qualifica- 



RELATING TO TREATY OF 1825. 145 

tion of her maritime pretension was at once to simplify and to soften to 
Russia that act of (jualitieation or disavowal ))v enabling Russia to 
satisfy both powers at once, without special and separate concession. 
But as, in the question of territorial limits, Russia, at whatever point 
her pretensions might be stopped, could have but one of the two 
powers for her neighbor, there did not seem to be any obvious advan- 
tage in bringing both to bear upon her together in the settlement of 
tbose limits. 

It is true that as, while we contine upon the Russian territory to the 
north, we also conhne upon that of the United States to the south, we 
must at one time or other come to a settlement with each of those 
powers. But there is no obvious or cogent necessity for making those 
settlements sinuiltaneous, especially as we have already a convention 
subsisting with the United States which suspends the necessity of any 
detinite settlement with that Government for live years 3^et to come. 

Whether, therefore, your excellency should be empowered, according 
to the desire of the Government of the United States, to negotiate and 
conclude a tripartite arrangement with Russia and the United States, 
or should be instructed to pursue that negotiation with Russia singly, 
according to the tenor of your present powers, was a question to be 
determined in a great measure l)y the more or less probability of a sat- 
isfactory understanding between Great Britain and the United States 
as to their relative as well as their joint concerns in such negotiation. 

Now we have good reason to believe that, in respect to the question 
of territorial dominion between us and Russia, an arrangement may be 
agreed upon w^hich will satisfy the wishes and secure the convenience of 
both parties by a line of demarkation to be drawn between the south- 
ernmost settlement of Russia and the northernmost post of the North- 
west Compan}". 

The most southern establishment of Russia on the northwest coast 
of America is Sitka, which is not laid down in our latest maps with 
suflicient exactness, but which appears by the Russian map published 
in 1807 to be situated, as the inclosed copy of a letter from Mr. Pelly, 
chairman of the Hudson's Bay Company, also represents it. in latitude 
57"-, and not (as the map of which a copy was inclosed to your Excel- 
lency indicates) on the continent, but on a small island of the same 
name at the mouth of Norfolk Sound: the larger islands contiguous 
thereto, forming (what is called by Vancouver) King George's Archi- 
pelago, are separated from each other by a strait, called Chatham 
Strait, and from the mainland by another strait, called Stephen's Strait 
or passage. Whether the Russians have extended their settlements 
to these larger islands is not known, but Mr. Pelly positively avers 
that they have no settlement on the mainland, nor an}- commerce to 
the eastward of the coast. He suggests, therefore, either the channel 
between the islands, or that between the islands and the mainland, as 
the most desirable line of demarcation to the eastward, which being- 
agreed to, the line to the southward might be drawn so as to compre- 
hend Sitka and all the Russian settlements upon the islands. If this 
agreement could be obtained, it would effectually prevent all danger of 
a collision with Russia; and the United States not intending, as it is 
understood, to urge any claim in opposition to that of actual occupancy, 
whether on the part of Russia or of Great Britain, in the latitudes in 
which the claims of Great Britain and Russia come in contact, the 

21528—03 17 



146 DIPLOMATIC CORRESPONDENCE 

intervention of the United States in such an arrang-ement could be 
necessary only as an umpire. 

Such an intervention in this case is not likelv to be required, on 
account of an irreconcilable conflict between Great Britain and Russia; 
nor would a power whose pretensions are (theoretically at least) in con- 
flict with both parties be the fittest for such an office. 

Your excellency's dispatch No. 48 describes latitude 55^ as the point 
at which M. PoU'tica appeared to wish that the line of demarcation 
between Russia and Chvat Britain should be drawn. By a memoran- 
(Uun which I have received from ]Mr. Rush of what his Government 
would propose as a g-eneral settlement, it appears that latitude 5.5^ is 
the point which tlie United States likewise have proposed for that same 
line of demarcation. 

This coincidence certainly arg-ues either a foreo-one understandings 
between Russia and the United States, or a disposition on the part of 
the United States to countenance and promote what they know to be 
the desire of Russia. 

>Mien to this statement! add that the United States propose, accord- 
ing- to the aforesaid memorandum of Mr. Rush, to draw the line of 
demarcation between themselves and Great Britain at latitude 51 , the 
point at which the Russian pretension, as set forth in the ukase of 1821, 
terminates, it does not seem very uncharitable to suppose that the 
object of the United States in making a selection, otherwise wholly 
arbitrary, of these two points of limitation for British dominion, was 
to avoid collision with Russia themselves, and to gratif}" Russia at the 
expense of Great Britain. There is obviously no great temptation to 
call in such an arbiter, if the partition between Russia and ourselves 
can be settled, as no doubt it can, without arbitration. 

By admitting- the United States to our negotiation with Russia, we 
should incur the necessity of discussing- the American claim to latitude 
.51 at the same time that we were settling- with Russia our respective 
limits to the northward. 

But the (luestion of the American claim is for the present merged in 
the convention of 1818; and it would be a wanton increase of difficul- 
ties to throw that convention loose, and thus to bring- the question 
which it has concluded for a time into discussion precisely for the pur- 
pose of a coincidence, as embarrassing- as it is ol)viously unnecessary. 

If Russia, being aware of the disposition of the United States to con- 
cede to her the limit of latitude, 55 , should on that account be desirous 
of a joint negotiation, she must recollect that the proposal of the 
United States extends to a joint occupancy also, for a limited time, of 
the whole territory l)elonging to the three powers; and that the con- 
vention now subsisting between us and the United States gives that 
joint occupancy reciprocally to us in the territory to which both lav 
claim. 

To this principle it is understood the Russian Government object; 
nor, so far as we are concerned, should we be desirous of pressing it 
upon them; but as between ourselves and the United States we are not 
prepared to a))andon it, at least for the term for which the convention 
of isls 1ki«s to run. There would be some awkwardness in a tripartite 
negotiation which was not to be conducted and concluded in all its parts 
u|t()ii ii uniform principle. 

I hese reasons had induced us to hesitate very much as to the expe- 
diency of accedmg to the proposition of the United States for a com- 



RELATING TO TREATY OF 1825. 147 

mon neg-otiation between the three powers, Avhen the arrival of the 
.speech of. the President of the United States at the opening of the 
Congress supplied another reason at onoe decisive in itself, and sus- 
ceptable of being stated to Mr. Rush with more explicitness than those 
which 1 have now detailed to your excellency. 1 refer to the principle 
declared in that speech, which prohibits any further attempt by Euro- 
pean powers at colonization in America. 

Upon applying- to Mr. Kush for an exphmation of this extraordinary 
doctrine, I found him uni)rovided with any instructions upon it. He 
said, indeed, that he had not heard from his Government since the 
opening of the Congress, and had not even received officially a copy 
of the President's speech. 

His conviction, however, was, that against whatever power the 
President's doctrine was directed, it could not be directed against us. 
He appealed in support of that conviction to the existence of the con- 
vention of 1818, by which we and the United States hold for a time 
joint occupancy and coumion enjoyment of all the territoiT on the 
northwest coast of America above latitude 12. 

It was obviously the impression on Mr. Rush's mind that this pre- 
tension on the part of his Government was intended as a set-oft' against 
the maritime pretension of the Russian ukase. 

I do not mean to authorize vour excellency to report this construc- 
tion at St. Petersburg as that of the American minister, but you will 
have no difficulty in stating it as one to Avhich we think the President's 
speech liable, as that indeed which appears to us to be by far the most 
probable construction of it; as such, it furnishes a conclusive reason 
for our not mixing ourselves in a negotiation between two parties 
whose opposite pretensions are so extravagant in their several ways 
as to be sultject not so much of practical adjustment as of reciprocal 
disavowal. 

Mr. Rush is himself so sensible of the new consideration which is 
introduced into the negotiation by this new principle of the President's 
that although he had hitherto urged with becoming pertinacity the 
adoption of the suggestion of his Government, he has, since the arrival 
of the President's speech, ceased to combat ni}- desire to pursue the 
course already begun of a separate negotiation at St. Petersburg, and 
has promised to write by this messenger to ]Mr. Middleton to prepare him 
for your excellency's continuing to act upon your former instructions. 

It remains, therefore, only for me to direct your excellenc}^ to resume 
your negotiation with the Court of St. Petersburg at the point at 
which it was suspended in consequence of the expected accession of the 
United States, and to endeavor to bring it as speedily as possible to an 
amicable and honorable conclusion. 

The questions at issue between great Britain and Russia are short 
and simple. 

The Russian ukase contains two objectionable pretensions: First, an 
extravagant assumption of maritime supremacy; secondly, an unwar- 
ranted claim of territorial dominion. 

As to the first, the disavowal of Russia is. in substance, all that we 
could desire. Nothing remains for negotiation on that head but to 
clothe that disavowal in precise and satisfactory terms. We would 
much rather that those terms should be suggested by Russia herself 
than have the air of pretending to dictate them; you will therefore 
urge Count Nesselrode to furnish 3"ou with his notion of such a decla- 



148 DIPLOMATIC CORRESPONDENCE 

ration on this point as may be satisfactory to your Government. That 
dechiration may be made the preamble of the convention of limits. 

As to the territorial question. I have already stated that the line of 
demarcation the most satisfactory to us would be one drawn through 
'•Chatham Strait," the channel separating the island on which Sitka is 
situatixl from the island to the eastward of it, or if the Russians have 
estal)lishments on that island also, then through the channel called 
•*Stei)hen's Passage," which separates the whole archipelago from the 
mainland. 

If one or the other of these channels can not be ol)tained as the 
boundary, then the line nmst be drawn on the maiidand to the north 
of the northernmost post of the iS'orthwest Company from east to west 
till it strikes the coast, and thence may descend to whatever latitude 
may be necessar}^ for taking in the island on which Sitka stands. 

It does not appear from your excellency's dispatch how far the line 
proposed by M. Poletica to be drawn at latitude 55"- was intended to 
run to the eastward. If to the Rocky Mountains it ol)viously would 
be wholly inadmissible by us, inasmuch as the communication of the 
Northwest Company from Canada through those mountains with the 
whole of the northwest country is in a liigher latitude than 55 . 

Xeithei* has Russia any claim whatever to any inland territory 
approaching tliat latitude. She has no occupancy inland. Mr. Felly's 
report denies that she has an}" even on the coast. And it is to the 
coast alone that discovery could, in the nature of things, give any title. 

It is absoluteh' essential, therefore, to guard against any unfounded 
pretension, or any vague expectation of Russia to the eastward, and 
for this purpose it is necessarA' that whatever degree of latitude be 
assumed, a definite degree of long'itude should also be assigned as a 
limit between the territorial rights of the two powers. 

If your excellency can obtain the strait which sei)arates the islands 
from the mainland as the boundary, the prolongation of the line drawn 
through that strait would strike the mainland near Mount Elias — the 
lowest point of unquestioned Russian discovery. But if that were too 
nuich to insist upon, the one hundred and thirty-lifth degree of longi- 
tude, as suggested by your excellency, northward from the head of 
Lynns Harbor, might suffice. 

It would, however, in that case l)e expedient to assign, with respect 
to the mainland southward of that point, a limit, say, of 50 or 100 
mil<>s from the coast, beyond which the Russian posts should not be 
extended to the eastward. We must not on anv account admit the 
Russian territory to extend at any point to the Rocky Mountains. By 
such an admission we should establish a direct and complete interrup- 
tion between our territory to the southward of that point and that of 
which we are in possession to the eastward of longitude 135- along the 
course of the Mackenzie RiA^er. 

As your excellency had ah-eady made so much wav in previous dis- 
cussion, it is to be hoped that, on" resuming the negotiation, verv little 
tunc need b(> recpiired to bring it to a conclusion. It is extremely 
miportant to conclude it as quicklv as possibU'. 

It Ix'iiig once decided not to negotiate jointly with the United States, 
we must take care to ))e out of the way while th(> discussions between 
Hussiii ajid the United States are going^ on; and the example of having 
come to agreement with us promptly and amica])ly on both points of 
htigation would, perhaps, be not less yaluable to Russia in her subse- 



RELATING TO TREATY OF 182;". 149 

quent discussions with the United States, than would have been the 
facility which we had in contemplation for Russia when we originally 
proposed that her disavowal of the maritime principle should be 
addressed sinuiltaiieously to us l)oth. 

At that time our claim to such disavowal and the claim of the United 
States were precisely alike; Russia had nothing to plead against either 
of us as a compensation for those claim.->. The principle put forth by 
the President of the United States has introduced a difference between 
the respective situations of the United States and Great Britain with 
respect to Russia which did not exist before. In the former state of 
things it might have been expedient, both for ourselves and for the 
United States, as well as less distasteful to Russia, to return an answer 
conunon to us l)oth; but, as things stand now, Russia might naturally 
wish to qualify her answer to the United States with some reciprocal 
demand of explanation. 

The only point of view in which the United States could now insist 
upon interfering with, or even taking cognizance of, the negotiation 
between us and Russia would be in order to see that the pretensions 
on the northwest coast of America derived to the United States from 
Spain through the treaty of 1819 were not prejudiced by, our separate 
agreement. 

That object can not be more etfectually provided for than by inserting 
into our convention with Russia, as a protection for the claims of the 
United States, that part of the third article of the convention concluded 
by us with the United States in 1818 which was inserted in that con- 
vention for the protection of the claims of Spain herself in the rights 
which she had not then ceded. By that article it is stipulated that the 
agreement between the two contracting parties ''should not be taken 
to affect the claims of any other power or state in any part of the said 
country." Such a clause your excellency will voluntarily propose to 
insert in the convention which you are to conclude with Count Nessel- 
rode : and you will apprize Mr. Middleton of your intention of proposing 
that insertion. 

1 am, etc., George Canning. 



[Inelosure 1.] 
Hudson's Bay Compoin/ to Mr. G. Canning. 

Hudson's Bay House, London, Januarys, 18'24- 

Sir: In reference to the conversation which I had the honor of havinyc with you on 
^londay last, I be^ to call your attention to niy letter of the 25th September, 1822, 
on the subject of the trading stations of the Hudson's Baj^ Company in the countries 
on the northwest coast of America. 

In addition to what is therein stated, I have to inform you that it appears, by the 
intelliiience received this last season, that our tradei's are extending their posts still 
farther to the northward in the country to the west of the Rocky Mountains. 

It may be proper for me also to mention that the Hudson's Bay Company have a 
chain of trading posts on the jNIcKenzie's River as far north as about 67° north lati- 
tude, and that Indians trade at those posts who come from the countries lying to the 
west of that river and to the north of 60° north latitude, and that our traders are 
extending their posts to the westward into that country. 

The Russian station called "Sitka" is an island, and can give no claim by occupa- 
tion to any ])art of the continent. But even if they had stations on the seacoast of 
the continent, this could not be held to give to Russia a better claim to a southern 
l)oundary on a line of latitude eastward than our stations in 67° north latitude give 
to Great Britain to one on a line of latitude westward. 



150 DIPLOMATIC CORRESPONDENCE 

From a want of accurate knowledge of the courses of the rivers or ranges of 
mountains, it is dithcult to suggest any satisfactory boundary in the interior of the 
country in' question, and (if consistent" with your views) it might, perhaps, he suffi- 
cient at ]iresent to settle a boundary on the coast only and the country 50 or 100 
miles inland, leaving the rest of the country to the north of that point and to the 
west of tlie range of the mountains, which separate the waters which fall into the 
Pacilic from those which tlow to the east and north, open to the traders of both 
nations. 

In this case, I would suggest the northern end of the inlet called Chatham Straits 
as the most southern i)oint at which the coast boundary ought to be fixed. This is 
l)Ut a little (if at all) to the north of the most northern trading station in the coun- 
try to the west of the Rocky Mountains. 

The islands lying to the west of Chatham Straits may be given to Russia; but the 
Russians not to trade either on the coast or in the interior south of the boundary, 
and the British not to trade on the coast north of it. 

If it is considered ])roper to fix at present the interior boundary, I would suggest 
a line drawn from the above-mentioned point at Chatham Straits due north until it 
strikes the range of mountains which separate the waters (being the supposed con- 
tinuation nf the range called the Rocky Mountains), and thence to follow the ridge 
of these mountains to the Frozen Ocean. 

This is the greatest concession which I think it would be advisable to make to 
Russia with regard to the interests of the British fur trade, and it would be desira- 
ble, as the means of preventing the risk of collision between the traders of the two 
nations, if Mount Elias on the coast at 60° north latitude was taken as the boundary 
l)oint, from whence the line of longitude shottld be drawn. 

I have, etc., J. H. Felly. 



[Inc'losure 2.] 
Memorial relating to tlie nortliwed coast of America. 

The princi])al settlements of the Russian Fur Comitany in the North Pacific Ocean 
are on the Aleutian or Fox Islands, the Island of Kodiak lieiiig the great entrepot or 
magazine of the peltries, which are collected in the neighljoring islands and from 
Cooks Inlet, Prince Williams Sound, where, however, it does not apjjear the Rus- 
sians have establishments inland, but the furs are collected by a coasting trader in 
the " baidarkat" or canoes. 

Mr. G. S. Langsdorff, who accompanied Captain Kruseustern in his voyages in the 
years ISOo, 1804, 1S05, 1806, and 1807, in giving an account of the fur trade, gives the 
fiillowing statement and history of the settlement of Lichta: 

"The constant (lecrease in the numljer of sea otters upon the coast of Kamchatka 
induced the Russians to t-xtend their i)Ossessions eastward, first to the islands between 
the coiists of Asia and America and finally to the northwest coast of America. 

Norfolk Sound a])pearing to ])resent a favorable spot for an establishment, it was 
considered expedient to take ]iossession of it. A fortress, with proper warehouses 
and dwelling houses, were built. * * * After a time, the natives rose upon the 
Russians and killed almost the whole party. In the vear 1804 the director, M. de 
Rosanoff, again took possession of it with a "large force, building a fortress and giving 
it the name of Kerr Arcliangel. 

If present occupation gives to a government the right of possession, the occupancy 
of Norfolk Sound could not give to Russia a claim to the coast bordering on the 
islands or the interior niaiidand, and it does not appear that Russia has any ports or 
settlements on the northwest coast of America which would give to Russia "anv right 
of clann to the country by present occupancy, except at a settlement called B'odego, 
which IS on the coast of New Albion, in latitude ;W° 30'. 

The country of New Albion is covered with oak-ash pine timber of large dimen- 
sions, lit lor shipbuilding, and on the coast of California a verv fine descrii)tion of 
hemp IS lound. The land is capaltle of the highest state of cultivation, producing 
excellent wlieat, j.otatoes, hem]), and all kinds of vegetables. 

The Russians build vessels of large burden at their settlement, and, under the 
pretext of encouraging the fur trade, have encroached so far south; and in the vear 
IMI.i tliey sent a M. de Resankoff to negotiate with the Spanish Government for "per- 
mission to form an establishment in New (California, which negotiation, however, 
faile<l. 1^ ! ; 

The Rus.«^ian (Government have, however, never lost sight of this place, and it is 



KELATING TO TREATY OF 1825. 151 

supposed are endeavoring to purchase the Californias from Spaui; the possession of 
which would not onlj' enal)le the Russian CTOvernnient to form a naval arsenal in the 
Pacific, and, under the pretext of encouragino; the fur trade, to form a hardy race of 
seamen and bold adventurers, 1)ut would give to that (Tovernment the power of 
interfering with the li])erties of South America. 

Russia can have no claim to the country of New Albion by the right of first discov- 
ery. This right is claimed by Great Britain and Spain, but from various authorities 
it belongs, beyond a doubt, to Great Britain, which it would l)e of great importance 
to esta1)lish, should Si)ain have ceded this country to Russia. 

In the year 1574, Abraham Artilius, thegeographer of the King of Spain, acknowl- 
edged that the northwest coast of America was quite unknown, and a few years after 
this declaration, Queen Elizabeth sent Sir Francis Drake on an expedition round 
Cape Horn, which he named (^ueen ElizaV^eth's Foreland, and he sailed as high as 
48°, if not higher, landing at different places, and taking possession of the country, 
which he called New Allnon, and which has been so named ever since. 

It would thus appear the Russians have no claim to the coast, or to the mainland 
on the northwest coast of America, except to the land aljout Bodega, either l)y pres- 
ent occupancy or from first discovery, the land, which Icherikoff made in 1741, 
being the coast of Norfolk Sound and Island, and divided from the mainland by a 
broad channel, and as it does not appear that Russia has anywhere establishments 
or posts on the northwest coast of America lower than Prince VVilliams Sound, excej^t 
Bodega, which could give her the claim to present occupancy. 

Great Britain has, however, establishments of posts up to 37°, trading with Indians, 
to the northward, and a post on Mackenzie River as high as 67°, which are increas- 
ing l^y exj^editions of discovery, and it may fairly, and with great reason, be 
hoped that Captain Franklin in liis expedition will discover and take possession, if 
no treaty to the contrary is made, of all the coast and country to the westward of 
Mackenzie River as far as Icy Cape. 



2li\ Endevljij to Board of Trade. 

Paul's Wharf, Fehrnary 7, 1S2J{.. 

Sir: After the long and patient audience you admitted Mr. Mellish 
and my.self to on the 5th instant, I hope you will pardon my intruding 
on you by letter on the .subject of nations claiming boundary lines of 
waters to prevent their colonies l)eing interfered with. 

Previous to the convention which was concluded with Spain in 1790 
Mr. Pitt sent to desire 1 would call on him at the Treasury, which I 
did: he asked me how near the coast of Spanish America in the Pacific 
Ocean we fished for whales. I answered, frequently within 3 sea 
leagues. Mr. Pitt said he could not ask for such a short distance 
from the Spanish colonies on the coast of the Pacific Ocean, where all 
their most valuable gold and silver mines are placed, as they would be 
great objects for illicit trade, and that Spain was very jealous of any 
foreign intercourse with their most valuable colonies. Mr. Pitt said 
he believed Spain would l)e satisfied with a boundary line of 10 sea 
leagues from the coast, which 1 acceded to in behalf of the adventurers 
in the whale fishery. 

As I conclude that a l)oundary line of waters in the North Pacific 
Ocean will lie agreed to between Great Britain and Kussia, I hope I 
may be pardoned suggesting that there ought not to be any l)oundary 
line in entering into Bering Straits for the purpose of fishing or of 
attempting to find a passage through. Bering Straits are very narrow 
in all parts, and it w^ould be almost impossible to fish in those straits 
without being daily within 5 or 6 leagues from the Russian colonies on 
the eastern coast of the straits. 

All I ask is that we may be protected in all our fair pursuits and 



152 DIPLOMATIC CORKESPONDENCE 

enterprises in killing whales, seals, and other amphibious animals, and 
in explorinjj- and navigating the most distant and unknown parts of 
the oceans in search of islands not colonized without control from any 
foreign power. 

I have, etc., Sam. Enderby. 

Admiral Mordvuwf to Count Nesselrode. 

[Translation.] 

20 February, 3 March, 1824. 

Dear Sir: One of the members of the American Company has writ- 
ten a refutation of the rights to the sovereignty of the northwest coast 
of America arrogated to themselves by the English in the foreign 
newspapers. He intends to publish his work in one of the local jour- 
nals, but as such intention can not be carried out without 3"our excel- 
lency's personal approval, I have the honor to submit the production 
to your judgment. 

It is Avell known that England boldly and without restraint arro- 
gates to herself far and wide the rights of barter, trade, and jurisdic- 
tion, and in settling the boundaries of regions adjoining her colonies 
she measures for herself in degrees and leaves to her neighbors for 
their share miles, versts, and sagenes. She prepares herself with an 
extent of tei"ritory not requisite for the present time only, but what 
may appear necessary at some future time. * 

Seal)oard colonies require for their welfare not only the control of 
the shore, but there is need of fields and forests, plains and mountains 
for the satisfying of the inhabitants' various and numerous wants. 

England, landing at Port Jackson, proclaimed to all the powers that 
the wliole of New Holland belonged to her, covered it on all the maps 
with her color, and permits no one to dispute her rights on this the 
greatest island in the world. 

The Russians were the first to discover the northwest coast of 
America and efiected the first settlements on it. They were the first 
to become acquainted, make friends, and join in barter, and even in 
family alliances, with the inhabitants of the mainland of this region. 

For the maintenance of the original inhabitants in independence, 
Russia spared neither labor nor expense, subjected herself for many 
years to dangers, sustained many shipwrecks, and obtained rights 
which no other nation can lay claim to. 

But if Russia did not possess so njany solid and unquestionable rights, 
by the development of a wild region by natural right belonging to no 
one, it might appear immodest aVid rash if one of the negotiating par- 
ties demanded for herself the possession of the whole territory, and to 
her friendly neighl)or left a little strip of no consequence, thirty or 
forty versts in width, and ottered to a power of equal rank that which 
would make a nobleman well to do. 

Russia already in the forties of the last century counted herself the 
sovereign of the northwest portion of America to the 55th degree of 
latitude, and annexed to her power the peoples inha))iting all the 
extent of thy niiiinland up to the Cordillera Mountains themselves, a 
boundary laid out by nature: England onlv in recent times discovered 
the course of the river Mackenzie, which stretches out on the eastern 
side ot those mountains. 

In the determination of boundaries of domains by geographical 



RELATING TO TREATY OF 1825. 153 

degrees, in the desio-nation of frontier.^ by parallel and a meridian, 
versts and miles can not be accepted for the allotment in lands to one 
or the other side of those neg-otiating as to a mutual and just separation. 

They can not be accepted when the separation is etiected in a friendly 
manner and on the basis of mutual advantages, and this was proposed 
as a condition. 

By the assignment to Russia upon the territory belonging to our Novo- 
Arkhangel colony, and along the coast to the north for a large extent, 
limited to 40 miles in width, we sliall be pushed behind the (iOth degree; 
for we shall have to leave all our colonies below that degree and recog- 
nize as English subjects all the inhal)itants there converted by us to 
the Greek-Russian faith. Then we shall be in fact deprived of our old- 
time property which we have controlled even from the times of the 
Empress Anne. A little strip -fO miles wide can not furnish a useful 
possession in any connection not honorable for Russia as a power. 

In 1822 a committee, composed of 22 ministers, for the investigation 
of the respective rights, recognized the autocracy (sovereignty) of the 
Emperor Alexander in northwest America to the parallel of the 51st 
degree, and upon this recognition was given out an imperial manifest 
for the declaration to all the foreign powers of the limits of the Rus- 
sian Empire in America. 

The small usefulness of a vast realm of wild territory certainly 
appears at the present ti)iie, but we can not forget the sacrifice made 
by Russia to the Chinese, of the domain lying from the Yablonoi 
^loimtains to the Amur River. At the time of that sacrifice we were 
satisfied with the vast extent of Siberia and looked with contempt on 
the wilderness of the sacrificed territories, but now it is dawning on 
us that the Amur, the only river flowing out of Si))eria into a sea for 
navigation, does flow altogether in our domains and this great loss we 
can not retrieve. 

If at the present time circumstances should not be favorable for a 
profitable and just assignment of our boundaries on the mainland, then 
does not your excellency acknowledge as beneficial to lay aside the 
negotiations on this article until another time, and limit himself to the 
opening of the port of Novo-Archangelsk for the free entrance into it 
of foreign vessels, with the establishment of trade regulations and 
with the maintenance of the prohibition to have direct traffic with the 
savages, and to supply them with arms and powder, which they turn 
against us and against them as well, for it is known that several Ameri- 
cans of the United States have been killed with guns given by 
Europeans? 

To the English and to the Americans the opening of our port is 
equally beneticial. and also for us, and they seek it very zealously. 
In the present afl'air the}- are the solicitors rather than we. 

Brevity of time does not permit me to explain properly my mean- 
ings; therefore I humbly request your excellency to permit me to 
come to 3'ou, designating an hour that is free for you. 

I have the honor, c^cc. 



Sir O. Ba(i<it to 2Ii\ G. Camu/uj. 

No. 23.] St. Petersburg, J\Lirrh 17 {29), 182 J^. 

(Received April 13.) 
Sir: It is with a feeling of considerable disappointment that, after 
a constant negotiation for more than six weelvs, after having gone to 



154 DIPLOMATIC CORRESPONDENCE 

the utmost limit of your instmctious— and after haviug- takeu upon 
mvself to o-o even far beyond them — I should nevertheless have to 
aajuaint you that I have entirely failed in inducing the Russian Gov- 
ernment to accede to what I consider to be a fair and reasonable adjust- 
ment of our respective pretensions on the northwest coasts of North 
America, or to the adoption of any line of territorial demarcation which 
appears to me to be reconcilable, under the si)iritof your instructions, 
with our legitimate inteivsts in that quarter of the world. 

In order that I may put you in complete pos.session of the whole 
course of my negotiation upon this su1)ject, and may explain the pre- 
cise grounds upon which I have felt myself compelled to suspend, for 
the present, all further proceedings in this business, it will, I fear, be 
necessary that I should enter into a detail of some length, and that 1 
should load this dispatch with several papers which are now ])ecome 
of importance. 

It was on the 10th of last month that I had my tirst conference upon 
this (|uestion with the Russian plenipotentiaries. Count Nesselrode and 
]\J, I'oletica. I opened this conference V)y explaining to the plenipo- 
tentiaries the reasons for which His ^Majesty had judged it advisable 
to treat separately upon this matter, rather than, as it had been orig- 
inally intended, in concert with the Government of the United States. 
I then laid before them Count Lieven's note to j^ou of the 31st January, 
1823. proposing that the question of strict right should be provi- 
sionally waived on both sides, and that the adjustment of our mutual 
pretensions should be made upon the sole principle of the respective 
convenience of both countries. 

This basis of negotiation being willingly accepted by all parties. I 
stated that, so far as I understood the wishes and interests of Russia, 
her principal object must be to secure to herself her fisheries upon the 
islands and shores of the northwest coasts of North America and the 
posts which she might have already established upon them: that, on 
the other hand, our chief objects were to secure the posts upon the con- 
tinent l)elonging to the Hudson Bay Company, the em]>ouchures of 
such rivers as might afford an outlet for our fur trade into the Pacific, 
and the two banks of the Mackenzie River: that, in the belief that 
such were our respective objects. I would propose as our boun^ar}' a 
line drawn through Chatham Straits to the head of Lynn Canal, thence 
noi-thwcst to the one hundred and fortieth degree of longitude west of 
Givenwich, and then along that degree of longitude to the Polar Sea. 

This proposal was made l)y me verbally, and was taken for considera- 
tion l)y the Russian plenipotentiaries, who at our next meeting offered 
a ••contre-])rojet,'" which I afterwards requested might be reduced to 
writing, and of which I inclose a copy (Inclosure 1). 

In offering this '"contre-ijrojet.'' Count Nesselrode seemed to intunate 
that, howevor disi)osed the Enip(>ror mioht be to retract pretensions 
advanced by himself which might be thought to conflict with the inter- 
ests of other powci-s. it would be asking too nuich of the imperial dig- 
nity to re(iuire that pretensions advanced twentv-five vears aoo bv the 
hmperoi- Paul, and which had l)een hitherto undisputed, should be now 
renounced I thought it my duty, upon an intimation of this kind 
beuig niade. to declare at once that all considerations of such a nature 
were incompatible with the stipulated basis of our negotiation, and 
that if the (piestion of national dignitv was to be touched, I, too should 
liave much to say upon that head, and should prol)ablv find it quite 



RELATING TO TREATY OF 1825. 155 

iinpossil)le to make those concessions \vhich. upon the simple ground 
of nuitual convenience, I might perhaps without difficulty do. This 
explicit declaration had its desired eti'ect, and the Russian plenipoten- 
tiaries engaged not to introduce again arguments of this kind into our 
discussions. 

As the •'contreprojet" otierecl to me appeared to be. generally 
speaking, entirely inadmissible, I drew up such a moditication of my 
original proposal as would, I thought, meet the only reasonable objec- 
tion made to it (an ol)iection made in conversation l)y the Russian 
plenipotentiaries), viz, the inconvenience which Russia luight experi- 
ence by vessels of the United States claiming a right, under their con- 
vention with Great Britain, to visit the waters lying between King 
Oeorge's Archipelago and the islands and continent to the eastward 
of it, and which might, in this manner, seriously annov the subjects 
of His Imperial Majesty in their pursuits and occupations upon those 
.shores. 

This moditication of my first proposal will be found in the inclosed 
paper (inclosure 2), which I delivered to the Russian plenipotentiaries 
at our next conference. 

You will observe that in making the proposal so modified, 1, in fact, 
exceeded, in some degree, the strict letter of your instructions by 
assigning to Russia the islands lying between Admiralty Island to the 
uorth and Duke of York and Prince of Wales islands to the south, but 
I entertained sanguine expectations that such a proposal, coupled with 
the concession of a line of coast extending 10 marine leagues into the 
interior of the continent, would have been considered as amply suffi- 
cient for all the legitimate objects Avhich Russia could have in view, 
and quite as much as she could pretend to with any shadow of real 
claim or justice. 

So far, however, from this being the case, my amended proposal 
was met at our next conference by observations which 1 again 
requested might be reduced to writing, and which will l)e found in the 
inclosed paper (Inclosure 3). 

As, in this paper, parts of the main continent to which Russia can 
not by possibility have ever acquired any claim, and of which Great 
Britain is at this moment actually in partial occupation, are offered to 
His Majesty in the light of concessions, it became necessary for me to 
reject any such offers as a boon in the most explicit terms, and you will 
find that I have not failed to do so in the inclosed paper (Inclosure 4), 
with which I replied to the paper in question. 

As, however. I felt strongly the importance of adjusting this business, 
if possible, at the present moment, and as I felt also that although the 
Russian plenipotentiaries had. in consequence of my foiiner remarks, 
agreed to waive altogether all question of national dignity in discuss- 
ing it. His Imperial Majesty might yet possibly feel an invincil)le repug- 
nance to retract from the pretensions advanced by the Emperor Paul 
in the charter given to the Russian-American Company in IIW (however 
unacknowledged by other powers such pretension might have been). I 
thought that I should not act in opposition to the spirit at least of mj^ 
instructions if, in deference to such a sentiment on the part of the 
Emperor, and with a view to finish the business quickly. I ventured to 
make yet one other proposition which, while it saved this point of dig- 
nity to Russia by gi\-'ing to her the fifty-fifth degree of latitude as her 
boundary upon the islands, might preserve also uninterrupted our 



15(5 diplomatic; coreespondence 

access to the Pacitic Ocean, and secure to His Majesty the fifty-sixth 
doi»T(^e of north hititude as the British ))oundary upon the coast. 

The ])rop()sition by which I had hoped to etiect these objects will also 
be found in the paper (Inclosure 4), in delivering- which 1 g-ave it clearly 
to be understood that it contained my ultimate proposition. 

It was not till the day before ^^esterday, that is, nearly ten days after 
I had given in this paper, that I was invited to another conference, 
when I was informed that the Imperial Government had. after anxious 
consideration, taken theii' final decision, and that they must continue 
to insist upon the demarcation as descril)ed by them in the first paper 
(Inclosure 1). 

Finding- this to be the case, I repeated that I had already gone far 
])eyond the utmost limit of my instructions, and that I was sorry to 
say that I must now consider our negotiations as necessarily sus- 
pended, so far at least as the question of territorial demarcation was 
concerned. 

Count Nesselrode then inquired whether I should object to transmit 
to my court the final decision of himself and M. ir*oletica as it is 
declared in the inclosed paper (inclosure 5), and whether I did not 
think that His Majesty's Government, seeing how slight our disagree- 
ment was, might not be disposed to furnish me with such further instruc- 
tions as would enable me to meet the views of the Russian Government, 
informing- me at the same time that it was intended to acquaint Count 
Lieven by the courier, who is to be dispatched to night to London, with 
the course which the negotiation had taken, and to instruct him to hold 
some conversation with you upon the subject. 

I told Count >sesselrode that I should, of course, feel it to be my duty 
to transmit this and all other papers connected with the negotiation to 
you without loss of time, but that I could not by any means take upon 
myself to say what might be the opinion of His Majesty's Government 
as to the pretensions so tenaciously adhered to b}^ the Imperial Govern- 
ment, further than by saying- that certainly they were such as had 
never been contemplated by my court in the instructions with which I 
had been as yet furnished, and that if a territorial arrangement per- 
fectly satisfactory to both parties could not now be made, it might 
po-^siblv he thought by my Government that our respective preten- 
sions might still remain without any serious inconvenience in the state 
in which they iiad t)efore stood, and that it would only be necessary for 
the i)resent to confine their attention to the adjustment of the more 
urgciit point of the maritime pretensions — a point which would not 
iidinit of ecjual postponement. 

In reply to this observation Count Nesselrode stated, to my extreme 
surprise, that if the territorial arrangement was not completed, he did 
not see the necessity of making any agreement respecting- the mari- 
time (|uestion; and 1 found myself most unexpectedly under the neces- 
sity of again explaining very distinctly, both to him and to M. Poletica, 
that the inaritiinc pretension of Kussia was one which, violating as it 
did the first and most estal)lished principles of all public maritime law, 
admitted neither of explanation nor modification, and that my Govern- 
ment considered themselves possessed of a clear engagement on the 
part of Russia to retract in some wav or other a pretension w hich could 
neitlier be justified nor enforced. 

Here the matter rested; but I ought to state that, notwithstanding- 
this unexpected observation of Count Nesselrode, I do not at all 



RELATING TO TREATY OF 1825. 157 

believe that, had we l)een a])le to agree upon our southern line of 
demarcation, we should have found any real difficulty either as regards 
the retraction of the maritime pretension, or as regards our western 
boundary, or any of the other nnnor details which we should have lieen 
called upon to adjust; l)ut the observation was made, and considering 
what has already passed upon this su1)ject both here in London and in 
America, considering also the delicacy with which His Majesty had left 
it to the Russian Government themselves to frame the terms in which 
their retractation of this preposterous pretension should be made. His 
Majesty's Government may perhaps think it advisable that Count 
I^ieven should be again given clearly to understand that it is a point 
to wdiich no slight importance is attached by His Majesty, and that the 
pretension as it now stands will admit of no remedy but that of pul)lic, 
formal, and precise retractation in some shape or another. 

Such has been the course of nu' late negotiation upon this question, 
and such the grounds upon which I have thought it my duty to suspend 
it for the present. 

1 know full well the inconvenience of breaking otf such a negotiation 
in such a stage and upon a point which, judging only by the map, 
might perhaps appear of so little real importance to His Majesty's 
present interests, l)ut when I consider by how much I have alreaily 
exceeded my instructions, how more than douV)tful is the real right of 
this Government to any part of the territory in most inunediate dispute, 
and how much more exorbitant are their pretensions upon the north- 
west continent of America than I had before had reason to suspect, I 
certainly could not venture to take upon m^'self the heavy responsibility 
of making any further concessions of a territory the value and possible 
local advantages of which I had no means of estimating, and which I 
believe are as 3^et so imperfectly known. 

It is somewhat remarkable that while the Russian pretension of 
maritime jurisdiction stands unrecalled among the ukases of the 
Imperial Government, a note such as that of which I herewith inclose 
a copy should have been addressed to me in the midst of our negotia- 
tions asking protection for a Russian ship to navigate in safety those 
ver}^ seas and visit those ver}' shores which the Court of Russia has b}' 
such high-handed decrees declared to be a part of her exclusive domin- 
ions; and a part, too, which the other powers of the world are forbidden 
to approach. 

I have not yet answered this note, but if I am pressed to do so before 
I can receive the instructions of His Majesty's Government in respect 
to it, I shall certainly grant the certificate required, as was done in a 
former and similar instance b}' Lord Cathcart. 
I have, etc., 

Charles Bagot. 



[Iiiclosure 1.] 
Com iter- Draft bii Russian Plenipotentiark's. 

Les proposition faites par les Plenij^otentiaires de Russie a Sir Charles Bagot, 
et que son Excellence a ete price de prendre en mure consideration, tendoienta faire 
admettre le SS*" degre de latitude septentrionale comme ligne de demarcation entre 
les possessions respectives sur la cote nord-ouest de rAmcri(|ue. 

Cette meme limite a deja ete assignee aux possessions Russes par la Charte que feu 
I'Enipereur Paul P"' accorda a la Compagnie Americaine. 



158 DIPLOMATIC CORRESPONDENCE 

Comine le parallele du 55'' degre coupe I'ile du Prince de Galles dans son extre- 
mite mi'Tidionale, laissant en dehors deux pointes de terre, les Plenipotentiaires de 
Kussie out propose que ces deux pointes fussent comprises dans les limites Russes, 
voniant cviter par la une division de territoire egalement incommode aux deux par- 
ties interessi'es. . i. . ., , 

Pour completer la ligne de demarcation et la rendre aussi distincte que possible, 
les Plenipotentiaires de Rus-^ie out exprime le desir de lui faire suivre le Portland 
Canal jusqu'aux montagnes qui bordent la cote. 

De ce point, la liinite remonteroit le long de ces montagnes parallelement aux 
sinuositi'-s de la cote, jusqu'a la longitude du 139 degre (meriden de Londres), degre 
dont la ligne de prolongation vers le nord formeroit la liniite ulterieure entre les 
possessions russes et angloises au nord, comme a Test. 

Le mutit principal qui force la Russie a insister sur la souverainete de la lisiere 
indiquce plus haut sur la terre ferme depuis le Portland Canal jusqu'au point d'inter- 
section du (50° avec le 139° de longitude, c'est que, privee de ce territoire, la Com- 
pagnie Rus8?-Ami'ricaine n'auroit aucun moyen de soutenir les etablissemens qui 
seroient dcs lors sans point d'appui, et qui ne pourroient avoir aucune solidite. 

En revanche la Russie se feroit un devair d'ouvrir aux sujets de Sa Majeste Britan- 
nique la libre navigation de tons les fieuves qui aboutissent a 1' ocean dans cette meme 
lisiere. 

Pour donner une derniere preuve de son empressement ii alter au devant des voeux 
du Gouvernement Anglois, elle ouvriroit aussi au commerce des sujets de Sa Majeste 
Britanni(jue et a leurs vaisseaux le port de Novo-Archangelsk, dans le cas ou les 
jiropositions ci-dessus seroient acceptees. 

[Inclosure 1. — Translation.] 

Counter draft by Russian plenipotenllark's. 

[Date as shown by Russian Archives, 12 (24) February, 1.S24.] 

The proposals made 1)y the Russian plenipotentiaries to Sir Charles Bagot, and 
which his excellency has l)een asked to take into careful consideration, aimed at 
having the fifty-fifth degree of north latitude accepted as the line of demarcation 
between tlie respective possessions on the northwest coast of America. 

This same boundary has already been assigned to the Russian possessions by the 
charter which the late Emperor Paul I granted to the American Company. 

As the i)arallel of the fifty-fifth degree cuts the southern extremity of Prince of 
Wales Island, leaving two points of land outside the line, the plenipotentiaries of 
Russia have proposed that these two points be comprised within the Russian limits, 
wishin.i; thereby to avoid a division of territory, which would be equally inconvenient 
to the two interested parties. 

To complete the line of demarcation and render it as distinct as possible, the pleni- 
potentiaries of Russia have expressed the desire to make it follow Portland Channel 
up to the mountains which border the coast. 

From this point the boundary would ascend along those mountains, parallel to the 
sinuositie." of the coast, as far as the one hundred and thirty-ninth degree of longi- 
tude (meridian of London), the line of which degree, prolonged northward, would 
form tiie ulterior limit Ijetween the Russian and English possessions, to the north as 
well as to the east. 

Tile prinri|ial nKjtive which constrains Russia to insist upon sovereignty over the 
above-indicated lisiere (strip of territory) upon the mainland (terre ferme) from 
Portland Channel to the point of intersection of 60° latitude with 139° longitude is 
that, dei>rived of this territory, the Russian-American Company would have no 
mean.s of sustaining its establishments, which would therefore be without anv sup- 
port ( point d'appui) and could have no solidity. 

In return, Russia would make it a duty to open to the subjects of His Britannic 
Majesty the free navigation of all the rivers which empty into the ocean through the 
said hsiere. 

To give a final proof of her desire to anticipate the wishes of the English Govern- 
ment, she would also open to the trade of the subjects of His Britannic Majesty and 
to tiieir vessels the port of Xovo-Archangelsk in case the above proposals are accepted. 



[Inclosure 2.] 
Amended Proposal by Sir C. Bagot. 



Comme il a ete convenu de prendre pour base de negociation les convenances 
mutuellea des deux pays, il est a remarquer, en reponse a la proposition faite par les 



RELATING TO TREATY OF 1825. 15y 

Plenipotentiaries Russes, (ju'iuie ligne <le demarcation tracee de I'extremite nieri- 
dionale de I'lle du Prince de <ialies jusqu'a rembouchnre du Canal de Portland, de 
la par le milieu de ce canal jusqu'a ce (ju'elle touche la terra ferme, de la jusqu'aux 
niontagnes qui bordent la cote, et de la le long de ces niontagne.s jusqu'a la longi- 
tude du 139'- degre, &c., oteroit a Sa .Majeste Britannique la souverainete de toutes 
ces anses et de ces petites bales qui se trouvent entre les latitudes 56° et 54° 45' dont 
plusieurs (a ce qu'il y a tout lieu a croire) communiquent directement aux Etablis- 
semens de la Conipagnie de Hudson's Bay, et seroient par consequent d'une impor- 
tance essentielle pour son commerce, tandis que de I'autre cote la Conipagnie Russe- 
Americaine ne possede aucun Etablissement sur la terre ferme entre les deux paralleles 
susraentionnees, ni meme sur I'lle du Prince de Galles, ni sur les lies qui sont situees 
entre celle-ci et la terre ferme. 

En acceptant la proposition faite par Sir Charles Bagot dans sa premiere confe- 
rence avec les Plenipotentiaires Russes, il n'y auroit (a ce qu'il paroit) qu'un seul 
inconvenient pour la Russie, celui qui pourroit resulter du droit que reclameroient 
peut-etre les Etats-Unis, en vertu de leur Convention avec la Urande-Bretagne de 
I'annee 1818, de naviguer librement dans tons les parages entre I'lle du Roi George 
et la terre ferme, et de gener ainsi de quelque sorte le commerce des sujets de Sa 
Majeste imperiale dans ces eaux. 

Pour obvier a cet inconvenient et pour assurer a la Russie I'entiere souverainete 
de ces parages, ainsi que toutes les iles et les cotes ou il y a effectivement des Eta- 
blissemens Russes, la Grande-Bretagne proposeroit de prendre pour ligne de demar- 
cation entre les territoires des deux Puissances une ligne tracee de I'oue^ vers Test, 
par le milieu du canal qui separe les lies du Prince de Galles et du Due d'York de 
toutes les iles situees au nord des dites iles jusqu'a ce qu'elle touche la terre ferme. 

De la se prolongeant dans la meme direction sur la terre ferme jusqu'a un point 
distant de la cote de 10 liens marines, la ligne remonteroit de ce point vers le nord 
et le nord-ouest, parallelement aux sinuosites de la cote, et toujours a la distance de 
10 lieues marines du rivage, jusqu'au 140"' degre de longitude (de Greenwich) dont 
elle suivroit alors du prolongement jusqu'a la Mer Polaire. 

[Int'losure 2.— Translation.] 

Amended j^roposal by Sir C. Bagot. 

Since it has been decided to take as a basis of negotiation the mutual advantage 
of the two countries, it should be noted, in answer to the proposal made by the 
Russian plenipotentiaries, that a line of demarcation drawn from the southern 
extremity of Prince of Wales Island to the mouth of Portland Channel, thence up 
the middle of this channel until it touches the mainland (terre ferme), thence to 
the mountains bordering the coast, and thence along the mountains as far as 139° 
longitude, would deprive His Britannic ^lajesty of sovereignty over all the inlets 
and small bays lying between latitudes 56° and 54° 45', whereof several (as there is 
every reason to believe) communicate directly with the establishments of the Hud- 
son's Bay Company and are, consequently, of essential importance to its commerce; 
while, on the other hand, the Russian-American Company possesses no establish- 
ments on the mainland (terre ferme) between the two above-mentioned parallels, or 
even on Prince of Wales Island, or on the islands located between the latter and the 
mainland. 

In accepting the proposal made by Sir Charles Bagot in his first conference with the 
Russian plenipotentiaries, Russia would have had, it would seem, only one difficulty, 
that which might result from the right which might perhaps be claimed by the 
United States, by virtue of their convention of 1818 with Great Britain, to navigate 
freely in all the waters between King George's Island and the mainland (terre ferme), 
and thus, in a way, embarrass the trade of the subjects of His Imperial Majesty in 
these waters. 

In order to obviate this difficulty, and to insure to Russia the exclusive sovereignty 
of these waters, as well as all the islands and coasts where there are really Russian 
establishments. Great Britain would offer to accept as the line of demarcation 
between the territories of the two powers a line traced from the west toward the 
east along the middle of the channel which separates Prince of Wales and Duke of 
York islands from all the islands situated to the north of the said islands until it 
touches the mainland (terre ferme) . 

Thence, extending in the same direction on the mainland to a point 10 marine 
leagues from the coast, the line w'ould run from this point toward the north and 
northwest, i^arallel with the sinuosities of the coast, and always at a distance of 10 
marine leagues from the shore, as far as the 140° of longitude (Greenwich), the pro- 
longation of which it would then follow to the Polar Sea. 



100 DIPLOMATIC CORRESPONDENCE 

[Inclosure 3.] 

Observatiom of Rimian plenipotentiaries on Sir C. Bagofs amended proposal. 

[Sent February 24 (March 7), 1824.] 

Le motif qui a fait proposer I'adoption du principe des convenances mutuelles, et 
le premier avanta>je de ce principe, c'est d'empecher que les Etablissemens respectifs 
sur la cote nord-ouest ne puissent se nuire les uns aux autres et entrer en collission. 

Lej^ Etahlissemens Anglois de la Compagnie de la Bale de Hudson et du Nord- 
Ouest tendent a se porter vers I'ouest par les 53*= et Si'' degre de latitude septen- 
trionale. 

Les Etahlissemens Russes de la Compagnie Americaine tendent a descendre au sud 
vers le 55 '■ parallele, et an dela, car il est a remarquer que si la Compagnie Americaine 
n'a point encore forme d'Etablissniens fixes sur la ligne mathematique due 55 "^ degre, 
il n'en est pas moins vrai qu'en vertu de son privilege de 1799, privilege contre lequel 
aucune Puissance n'a jamais reclame, elle exploite la chasse et la peche dans ces 
parages, et que reguliC'rement elle occupe les lies et les cotes avoisinantes dans la 
saison qui lui permet d'y envoyer ses chasseurs et ses pecheurs. 

II etoit done de la convenaiice mutuelle des deux Empires d'assingner de justes 
limite- a des progrcs reciproques qui ne pouvaient qu'occaisonner avec letemps les 
plus facheuses. 

II etoit aussi de leur convenance mutuelle de determiner ces limites d'apres les sepa- 
ratons naturelles qui forment toujours les frontieres les plus distinctes et les plus 
certaines. 

C'est par ces raisons que les Plenipotentiaires de Russie ont propose pour limites sur 
la cote du continent au sud le Portland Channel, dont I'origine dans les terres est par 
le 56 "^ degre de latitude nord, et a Test la chaine de montagnes qui suit a une tres 
petite distance les sinuosites de la cote. 

D'apris les cartes les plus recentes et les meilleures publiees en Angleterre, les 
Etahlissemens de la Compagnie de la Bale de Hudson ne se rapprochent des cotes que 
par le 53'^ et le 54' degre, et Ton ne sauroit prouver que sur aucun point ils arrivent 
jusqu'au grand ocean. 

Cep?ndant, d'apres le principe des convenances mutuelles, le projet d'arrangement 
des Plenipotentiaires de Russie laisse ouverts il I'extension successive des Colonies 
Anglaises: 

1. Toute la partie de la cote situee entre Tembouchure du Portland Channel et le 
51"^ degre de latitude nord, envisagee comme limite des possessions russes dans 
I'oukase du 4 (16) septembre 1821. 

2. Tout le territoire situe entre les etahlissemens anglois au 5-i'' parallele et I'origine 
du Portland Channel, qui est au 56'' parallele. 

3. Tout le territoire situe derriere la chaine de montagnes dont 11 a ete question 
ci-dessus, jusqu'au point d' intersection du 139" degre de longitude, meridien de 
Cireenwich. 

Les Plenipotentiaires de Sa Majeste Imperiale, pr^voyant meme le cas ou, sur la 
llsiere ile la cote qui appartiendroit a la Russie, 11 se trouveroit cles fienves au moyen 
des(iuels les Etahlissemens Anglois pourroient communiquer avec 1' Ocean, se sont 
empresses d'offrir, par une stipulation eventuelle, la libre navigation de ces fieuves. 

lis ont, en outre, announce a son Excellence Sir Charles Bagot que le port de Xovo- 
Archangelsk sera ouvert au commerce des sujets de Sa Majeste le Rol de la Grande- 
Bretagne. 

D'autre part, les Plenipotentiaires de Russie ont I'honneur de lul observer Itera- 
tiveiuent, que sans une lisiere sur la cote du continent a partir du Portland Channel, 
les Etal)lissemens Russes des ilesdu voisinage n'aurolent aucun point d'appni; qu'ils 
seroient a la merci de ceux que des etrangers formeroient sur la terre ferme, et 
que tout arrangement semblable, loin d'etre fonde sur le principe des convenances 
".'"^!^*; '*^-'' "6 presenteroit que des dangers a I'une des Parties et des avantages exclu- 
SHs a r autre. 

On ne parlera point ici des deux pointes de Pile du Prince de Galles, qui sont 
Bituces au-depsf)us de la ligne du 55" degre de latitude nord. Ces deux pointes ne 

■■'■ ■ - - - -,jjg 

recl- 




,, . , . , .. I J • ^- projet que les Plenipotentiaires de Sa 

-Majeste Imperiale ont remis a Sir Charles Bagot, et sur la teneur duquel ils ne peuvent 
qu uisister. 

lis esperent au reste, que les intentions qui ont dicte ce projet sennit appreciees 
taut i.ar 1 Ambassadeur de Sa Majeste Britannique que par son Gouvernement. 



RELATING TO TREATY OF 1825. 161 

[Inclosnre 3. — Transliition.] 
Observdfions of Rusmm plenipoteniiaricn on Sir C. BagoVs amended proposal. 

The motive which caused the adoption of the principle of mutnal expediency to lie 
proposed, and the most important advantage of this principle, is to prevent the 
respective establishments on the northwest coast from injuring eacli other and 
entering into collision. 

The English establishments of the Hudson's Bay and Northwest companies have 
a tendency to advance westward along the 53^ and 54° of north latitude. 

The Russian establishments of the American Company have a tendency to descend 
southward toward the tifty-tifth parallel and beyond, for it should be noted that, if 
the American Company has not yet made permanent establishments on the mathe- 
matical line of the fifty fifth degree, it is nevertheless true that, by virtue of its privi- 
lege of 1799, against which privilege no power has ever protested, it is exploiting the 
hunting and the rishing in these regions, and that it regularly occupies tlie islands 
and the neighboring coasts during the season whicli allows it to send its hunters and 
fishermen there. , 

It was, then, to the mutual advantage of the two Empires to assign just limits to 
this advance on both sides, which, in time, could not fail to cause most unfortunate 
complications. 

It was also to their mutual advantage to fix these limits according to natural par- 
titions, which always constitute the most distinct and certain frontiers. 

For these reasons the plenipotentiaries of Russia have proposed as limits upon the 
coast of the continent, to the south, Portland Channel, the head of which lies about 
(par) the fifty-sixth degree of north latitude, and to the east the chain of mountains 
which follows at a ver}' short distance the sinuosities of the coast. 

According to the most recent and best maps published in P^ngland the establish- 
ments of the Hudson Bay Company approach the coast only along the fifty-third 
and fifty-fourth degrees, and it can not be proved that they reach the Great Ocean at 
any point. 

Nevertheless, governed by the principle of mutual acciommodation, the plan pro- 
posed by the plenipotentiaries of Russia leaves open to the future expansion of the 
English colonies — 

1. All that part of the coast situated between the mouth of Portland Channel and 
the fifty-first degree of north latitude, which was regarded as the limit of the Russian 
Ijossessions in the ukase of September 4 (16), 1821. 

2. All the territory situated between the English establishments on the fifty-fourth 
parallel and the head of Portland Channel, which is at the fifty-sixth parallel. 

3. All the territory situated behind the chain of mountains, in regard to which 
there has been dispute hitherto, to the point of intersection of the one hundred and 
thirty-ninth degree of longitude, meridian of (Treenwich. 

The plenipotentiaries of His Imperial ]Majesty, foreseeing even the case of there 
being found on the lisicre of the coast which should belong to Russia rivers by means 
whereof the English establishments might be able to communicate with the ocean, 
have hastened to offer, by a contingent stipulation, the free navigation of such rivers. 

They have further informed His Excellency Sir Charles Bagot that the port of Novo- 
Archangelsk will be opened to the trade of the subjects of His Majesty the King of 
Great Britain. 

On the other hand, the plenipotentiaries of Russia have the honor to repeat to him 
that without a lisiere upon the continental coast, starting from Portland Channel, 
the Russian establishments on the islands in the vicinity would have no support 
(point d'appui); that they would be at the mercy of the establishments which 
strangers might form upon the mainland, and that any such arrangement, far from 
being founded upon the principle of mutual accommodations, would but offer dangers 
for one of the parties and exclusive advantages for the other. 

No reference will be made here to the two points of Prince of Wales Island, situ- 
ated below the line of 55° north latitude. These two points can be of no service to 
Great Britain, and if nine-tenths of Prince of Wales Island belongs to Russia, it is 
clearly to the interest of l)oth parties that the entire island should belong to her. 

This brief statement will suffice to vindicate the draft which the plenipotentiaries 
of His Imperial Majesty sent to Sir Charles Bagot, and upon the tenor of which they 
are compelled to insist. 

They further hope that the sentiments which originated this draft will be appre- 
ciated both by the ambassador of His Britannic, Majesty and by his Governnient. 

21528—03 IS 



1(52 DIPLOMATIC CORRESPONDENCE 

[Iiu-losure 4.] 
Jiepl;/ hij ^ir V. Bagot to Obserratioits of Russian Plenipotentiaries. 

T.a (U'couverte ou la simple occupation de quelques iles situees sur la cote d'un con- 
tinent ne peutdonner ancun droit a lasouverainete de la terre ferme voisine, principe 
(jui n'e^t pa?i nioins fonde sur I'opinion reconnue des juristes les plus celebres, que 
sur rusa^re universellement observe entre les nations. 

D'apres ce principe,. Sir Charles Bagot a constaniment soutenu dans les Conferences 
(|u'il a eu I'honneur d'avoir avec les Plenipotentiares de Russie, que 8a Majeste 
Britanni<|ue ne sauroit adniettre que les droits de la Russie sur la cote nordouest du 
Continent d'Amerique puissent s'etendre vers le midi sur ce continent au dela du 
point ou la Russie aura actuellenient forme des Etablissemens. 

II n'a jamais et''^ affirme par les Plenipotentiaires de Sa Mejeste Impi'riale que la 
Russie posscde des Etablissemens quelconques sur la terre ferme au sud du 60'^ ou 
59^' degrc de latitude nord, mais ils out declare que, privee d'une lisiere sur la terre 
ferme.'^la Compagnie Russe-Americaine n'auroit aucun moyen de soutenir ses Esta- 
blissemens sur les iles, qui serioent des lors sans point d'appui et ne pourrioent avoir 
aucnne solidite. * 

Tout argument fonde sur la consideration de la convenance pratique de la Russie 
ne jiouvoit etreque du i)lus grand poids, et la Plenipotentiaire de Sa Majeste Bri- 
tannicjue n'hesita ])as d'al)andonner, en consequence de cette observation des Pleni- 
potentiaires de Russie, la ligne de demarcation (ju'll avoit d'abord proposee, savoir 
celle (|ui devoit passer par le milieu de Chatham Straits jusqu'a Textrtmite septen- 
trionale de Lynn Canal et de la a Mont Elias, ou A I'intersection du 140*^ degre de 
longitude, et d'en proposer une autre qui assureroit ii la Russie non seulement une 
lisiere sur le continent, vis-a-vis del'fitablissementele plus meridional qu'ellepossede 
sur les iles, mais qui lui assureroit aussi la possession de toutes les ileset les eaux qui 
ravoisinent, ou qui se trouvent plactes entre cet Etablissemente et la terre ferme, la 
possession entin de tout ce qui pourroit devenir, par la suite, de quelque utilete, ou 
pour sa solidite ou jjour sa prosperite. 

^lais le Plenipotentiaire de Sa Majeste Britannique ne peut as admettre que la 
Russie accorderoit ou assureroit a Sa Majeste Britannique un nouvel avantage par sa 
renonciation ii la partie de la cote situt'e entre I'embouchure du Portland Canal et le 
degre de latitude envisage comme limite des possessions Rosses dans I'Oukase de 1821, 
ni meme par sa renonciation A toute partie du continent au midi des Etablissemens 
(jui y out ete deja formt'es; car, quand meme Sa Majeste Britannique eut jamais 
reconnu ce degre de latitude comme forniant la ligne de demarcation en autant qui'il 
regarde les iles, el ne pourroit, d'aprC-s le principe enonce plus haut, I'avoir reconnu 
comme limite sur le continent voisin, sur lequel la Compagnie de la Baie de Hudson 
avoit deja ctabli {)lusieurs de se ses postes les plus importants. 

Cette Compagnie a en effet des Etablissemens meme pres de la cote, au nord du 
So" degre; Sa Majeste Britannique ne pourroit done sans sacritier les interets de la 
Compagnie renoncer a ses droits a la souverainete de la cote, et des iles qui en 
dependent immediatement, jusija'a la hauteur de "16" StV de latitude nord, quel que 
soit le degre de latitude que I'on pourra detinitivement convenir de prendre pour 
imite entre les deux Puissances, en autant qu'il concerne les iles situees plus a 
I'onest. 

1 L'origine du Portland Canal puet etre, comme il y a lieu de croire, I'embouchure 
<le quel(|ue tleuve (lui coule par le milieu du pays occup6 par la Compagnie de la Baie 
de Hudson, et il est par consequent d'une importance majeure a, la Grande-Bretagne 
d'en posseiler la souverainete des deux rives. 

_ Ce fut dans I'espoir de pouvoir concilier ces objets indispensables avec ceux du 
Gouvernement Imperial, etdeterminer sans plus de delai une cpiestion, qu'il paraissoit 
etre rgalement de I'interet des deux parties d'arranger detinitivement au moment 
actuel, (|uele Plenipotentiaire de Sa Majeste Britannique eut I'honneur de proposer 
dans sa derniere Conference avec les Plenipotentiaires de Russie, une ligne de 
demarcation, qui tout en conservant a la Russie pour limite meridionale sur les iles 
It' degre <le latitude desigue par I'Oukase de 1799, assigneroit en meme terns a la 
Grande- liretagne pour limite sur la cote de la terre ferme la latitude de 56° :W nord. 
II semblequ'une ligne tracee de I'extremite meridionale du detroit nonnne "Duke 
of Clarence's Sound" par le milieu de ce detroit, jusqu'au milieu du detroit qui 
separe les lies du Prince de Galles et du Due d' York de toutes les iles situees au nord 
des dites iles, de la, vers I'est par le milieu du meme detroit jusqu'a la terre ferme, 
et se pridongeant ensnite dans la direction, et de la maniere deja proposees par le 
1 Icinpotentiaire de Sa Majeste Britannique jusqu'a Mont Elias, ou a I'intersection du 
14t)' degre de longitude, formeroit une ligne de demarcation qui coneilieroit les con- 
venances mutuelles des deux Parties, et qui assureroit peut-etre d'une maniere satis- 
taisante les interets reciproques tant actuels (lue futurs des deux Empires dans cette 
partie flu globe. 



RELATING TO TREATY OF 1825. 163 

[IiiclosLire 4.— Translation.] 
Reply hij Sir C. Biujot to oJtserrtttioiis of Runxlan plcnipotoitviries. 

The discovery or the mere occupation of a few inlands situated on the coast of a 
continent can give no ri^ht to sovereignty over tlie neighboring mainland, a prin- 
ciple founded, not only on the accepted opinions of the best known jurists, but on 
the usage universally observed among nations. 

According to this principle, Sir Charles Bagot has steadily insisted, in the con- 
ferences which he has had the honor to have with the Russian plenipotentiaries, 
that His Britannic Majesty can not admit that the Russian rights on the northwest 
coast of the American continent can extend southward on this c(.)ntinent l>eyond the 
point where Russia has actually formed establishments. 

It has never been affirmed by the plenipotentiaries of His Imperial ^Majesty that 
Russia possesses any estaljlishments whatever on the mainland (terre ferme) south 
of the sixtieth or fifty-ninth degree of north latitude, but they have stated that, if 
deprived of a strip (lisicre) on the mainland, the Russian-American Company would 
have no means of maintaining its establishments on the islands, which would then 
be without a support (point d'appui), and could have no substantial footing. 

Any argument founded on the considei'ation of the practical advantage of Russia 
could not fail to have the greatest weight, and the plenipotentiary of His Britannic 
Majesty did not hesitate to give up, in consecjuence of this observation of the Rus- 
sian plenipotentiaries, the line of demarcation which he had first jjroposed, to wit, 
one passing along the middle of Chatham Straits as far as the northern extremity 
of Lynn Channel, and thence to ]\Iount P^lias, or to the intersection of the one hun- 
dred and fortieth degree of longitude; and to offer another which M'ould secure to 
Russia, not only a strip on the continent, opposite the southernmost establishment 
which she possesses on the islands, but also the possession of all the islands and 
waters in its vicinity or which are situated between that establishment and thenjain- 
land (terre ferme); in short, possession of all that could in future be of any service, 
either to its stability or its prosperity. 

But the plenipotentiary of His Britannic Majesty can not admit that Russia would 
grant or secure to His Britannic Majesty a new advantage by her renunciation of 
that part of the coast located between the mouth of Portland Channel and the 
degree of latitude regarded as the boundary of the Russian possessions in the ukase 
of 1821, or even by her renunciation of all parts of the continent south of the 
establishments which have already been formed there; for, even if His Britannic 
Majesty had ever rei-ognized that degree of latitude as constituting the line of 
demarcation so far as the islands are concerned, he could not, according to the prin- 
ciple above stated, have recognized it as the boundary on the neighboring continent, 
on which the Hudson Bay Company had already established several of its most 
important posts. 

This company has in fact establishments even nearer the coast north of the fifty- 
fifth degree; His Britannic Majesty can not, therefore, without sacrificing the inter- 
ests of the company, renounce his rights of sovereignty over the coast and the 
islands directly dependent thereon, as far as 56° 30^ of north latitude, whatever 
degree of latitude it may he finally decided to accept as the boundary between the 
two powers in so far as relates to the islands located farther west. 

The head of Portland Channel may be, as there is reason to believe, the mouth of 
some river flowing through the midst of the country occujiied by the Hudson Bay 
Company, and it is, consequently, of great importance to Great Britain to possess the 
sovereignty of the two shores thereof. 

It was in the hope of being able to reconcile these indisjjensable objects with those 
of the Imperial Government, and to decide without further delay a question which 
it appeared to be equally to the interest of both parties to settle <lefinitely at the 
jiresent time, that the plenipotentiary of His Britannic Majesty had the honor of 
l)roposing, in his last conference with the plenipotentiaries of Russia, a line of demar- 
cation which, while preserving to Hussia the degree of latitude designated in the 
ukase of 1799 as her southern boundary in the islands, would assign at the same time 
to Great Britain as her boundarv on the coast of the mainland (terre ferme) the lat- 
itude of 56° W north. 

It seems that a line drawn from the southern extremity of the strait called "Duke 
of Clarence's Sound," through the middle of this strait to the middle of the strait 
which separates Prince of Wales and Duke of York islands from all the islands lying 
north of those islands, thence toward the east through the middle of the same strait 
to the mainland, to be prolonged afterwards in the direction and manner already 
]>roposed by his Britannic ^Majesty's plenipotentiary as far as Mount Elias or to the 
intersection of the 140th degree of longitude, would form a line of demarcation which 



164 DIPLOMATIC CORRESPONDENCE 

would conciliate the mutual convenience of the two parties, and which would perhaps 
satisfactorily a^^sure the reciprocal interests, both present and future, of the two 
empires in that part of the globe. 



[Incldsuro r>.J 
Final decision, of Eussiait plt-nipotentiaries. 

Les Pk'nipotentiaires de Russie ont portc a la i-onnoissance de rEm]iereur, leur 
Maitre, les dernieres propositions qui leur ont etc faites par Sir Charles Bagot, rela- 
tivement a la ligne de demarcation qui separeroit les jiossessions Russes des posses- 
sions Angloises sur la cote nord-ouest du Continent de I'Amerique. 

Attentivenient examinees par Sa Majeste Imperiale, ces propositions ne lui ont 
point paru de nature a pouvoir etre acceptces. 

L'Emjiereur charge ses Plenipotentiaires de di'darer itcrativement a M. I'Ambas- 
sadeur d'Angleterre: 

Que la possession de I'lle du Prince de Galles, sans une jwrtion de territoire sur la 
cote situee vis-a-vis de cette ile, ne pourroit etre d'aucune utilite a la Russie. 

Que tout Etabli-ssement forme sur la diteile, ou sur celles qui I'environment, se 
trouverait en quelque sorte tourne par les Etablissemens Anglois de la terre ferme, 
et complettement a la merci de ces derniers. 

Qu'en consequence un arrangement semblable ne serait nullement conforme au 
principe des covenances mutuelles. 

Qu'au reste, d'aprcs le temoignage des Cartes les plus, recentes publiees en Angle- 
terre, il n'existe aucun Etablissement Anglais ni sur la cote meme du continent ni 
au nord du 54° de latitude septentrionale. 

Qu'ainsi, quand les limites tixees aux possessions Russes par la Charte de 1799, 
n'auraient point en leur faveur depuis vingt-cinq ans le consentement tacite de 
toutes les Puissances, encore la Russie exerceroit-elle sur cette partie de la cote j>re- 
cisement les memes droits que la Grande-Bretagne, d'ou il re.sulte que la question 
devrait toujours etre resolue, non d'apres les interets exclusifs d'un des deux Empires, 
mais de maniere a concilier leurs interets reciproques. 

Qu'entin, quant a la navigation des tleuves, la Russie croyait avoir offert a la 
Grande-Bretagne tons les avantages et toutes concessions que celle-ci pent desirer. 

Et que dans cet etat de choses les Plenipotentiaires de Sa Majeste Imperiale avoient 
ordre d'insister sur leurs propositions antcrieures, propositions dont ils ont ample- 
ment developpe les motifs a son Excellence ^I. le Chevalier Bagot. 

L'Empereur espere que ces motifs seront apprecies par le Gouvernement de Sa 
Maje.ste Britannique, et que M. I'Ambassadeur d'Angleterre les fera valoir avec ce 
desir de rapprocher les opinions respectives qu'il a mauifeste dans tout le cours de 
cette negociation. 

Sa Majeste Imperiale est au regret de ne pas la voir terminee des a present; mais 
elle se flatte (|ue les resolutions definitives du Cabinet de Londres empecheront sans 
doute ces pourparlers de demeurer st^ riles. 

St. Pi5:tersboukCt, le 17 {29) Mars, 1834. 

[Inclosure 5. — Translation.] 
Final decision of Russian jileiii})oteii1i(n'ies. 

The jilenipotentiaries of Russia have brought to the knowledge of the Emperor, 
their master, the last proposals which were made to them by Sir Charles Bagot in 
regard to the line of demarcation which should separate the Russian possessions from 
the English possessions on the northwest coast of the American continent. 

After lieing carefully examined 1)y His Imperial Majesty, these jiroposals do not 
seem to him to be of such a nature that they can be accepted. 

The Emperor charges his plenipotentiaries to repeat to the ambassador of Eng- 
land — 

That the possession of Prince of Wales Island without a slice (portion) of territory 
upon the coast situated in front of that island could be of no utility whatever to 
Russia. 

That any establishment formed upon said island or upon the surrounding islands 
would find itself, as it were, flanked by the English establishments on the mainland 
and completely at the mercy of these latter. 



RELATING TO TREATY OF 1825. 1()5 

That, in ronsetiuenoe, s^uch an arrau^enicnt could not in any wise conform to the 
principle of mutual accommodation. 

That besides, according to the testimony of the most recent maps published in 
England, no English establishment exists either on the coast of the continent itself 
or noi'th of the 54th degree of north latitude. 

That thus, even if the boundaries fixed for the Russian possessions by the charter 
of 1799 had not in their favor the tacit consent of all the powers for the past twenty- 
tive years, Russia wduld yet exercise, on this i>art of the coast, precisely the same 
rights as Great Britain, from which it results that the (juestion would always liave 
to be decided, not according to the exclusive interests of one of the two empires, Ijut 
in such a way as to reconcile tlieir mutual interests. 

That finally, as to the navigation of the rivers, Russia believed that she had 
offered to Great Britain all the advantages and concessions that the latter could 
desire. 

And that, in view of this state of things, the plenipotentiaries of His Imperial 
Majesty had received orders to insist upon their previous proposals, the reasons for 
which proposals they had fully exi)lained to His Excellency Sir Bagot. 

The Emperor hoi:ies that these reasons will be apjireciated by the Government of 
His Britannic ^lajesty, and that the ambassador of England will give them their 
proper weight, with tiiat desire to reconcile the respective opinions which he has 
displayed throughout the course of these negotiations. 

His Imperial Majesty regrets not to see them terminated at the present time, l)ut 
he is pleased to believe that the final decisions of the London cabinet will prevent 
these discussions from being barren of result. 

St. Petersburg, March 17 {-29), 1824. 



[Inclosiire 6.] 
Memorandum. 

La Compagnie Russe-Americaine a cte niunie a differentes epociues de la part des 
Missions etrangeres accreditees pres la C'our Imperiale de Russie de certificats destines 
a assurer appui et protection aux navires que la dite Societe dirige vers les contrees 
soumises a la domination des Puissances amies. 

Sachant apprecier tons les avantages d'une assistance aussi efficace, la Compagnie 
vient de s'adresser au Ministere Impt'rial dans le but d'obtenir par son intervention 
une lettre de protection d'usage pour le vaisseau "Helcne," commande par le Lieu- 
tenant de la Marine Tchistiakoff. 

Ce batiment, dont la destination est de porter des provisions aux Colonies de la 
Compagnie, s'occupera en meme tems de recherches scientifiques dans les parages 
vers lescjuels il dirige sa course. 

En consequence, le Soussigne a I'honneur de prier son Excellence M. le Chevalier 
<le Bagot, Ambassadeur Extraordinaire et Plenipotentiaire de Sa ^lajeste Britanni(iue, 
lie vouloir bien lui transmettre, ;"i I'usage du Lieutenant Tchistiakoff, un ccrtiticat 
leiiuel, en speciiiant le but de I'expedition, reclamerait en faveur du conunandant et 
de I'cquipage un accueil hospitaller, et s'ils se trouvaient dans le cas d'y avoir recours, 
une assistance efficace de la parte des autorites Britanniques. 

Le Soussigne se plairait a reconnaitre dans un accueil favorable a la demande qu'u 
vient d'exprimer au nom de la Compagnie Russe-Americaine une nouvelle preuve 
des relations amicales qui existent entre les deux Cours, et il saisit, &c. 

Nesselrode. 

St. pETERSBouiKi, U' 12 Mars, 1824. 

[Inclosure 6. — Translation.] 
Memorandum, 

The Russian-American Company has lieen furnished at different times by the for- 
eign missions accredited to the Imperial couit of Russia with certificates designed 
to secure assistance and protection to tlie ships which the said society sends to 
countries subject to the rule of friendly powers. 

Knowing how to appreciate the advantages of such efficient aid, the company has 
just applied to the Imperial Government, with the object of obtaining, through its 
intervention, the usual letter of jirotection for the vessel Ile'lhie, commanded by 
Marine Lieutenant Tchistiakoff. 



1 (')(', DIPLOMATIC CORRESPONDENCE 

This vessel, the destination of \vhi(!h is the carrying of provisions to the colonies 
of the comiiany, will be occupied at the same time in scientitic researches in the 
re^'ions toward \vhich she directs her course. 

In c(.nse<iuence, the undersigned has the honor to beg His P.xcellency Sir Bagot, 
ambassador extraordinarv and plenipotentiary of His Britannic Majesty, to have the 
kindness to transmit, for the use of Lieutenant Tchistiakoff, a certificate which, 
specifving the object of the expedition, should request, in favor of the commander 
and cre\\% a h()Spita])le reception, and, if they should find themselves in a position 
to need it', effective assistance on the part of the British authorities. 

The undersigned would be pleased to recognize, in the favorable response to the 
reijuest which he bas just made in tiehalf of the Russian-American Company, a new 
proof of the friendly relations existing between the two courts, and he takes, etc. 

Nesselrode. 

St. Petersbl'hg, March 12, 1824- 



Cou)tt y^csselrode io Nih>h(s Semenovitch Mordvivof. 

[Translation.] 
[Written from St. Petersburg April 11, 1821.1 

My Gnu'iou8 Sir, Nicholas Semenovitch: 1 had the felicity of .sul)- 
inittiiio- to the notice of his Imperial Maje.sty the de.spatch of your 
hioh Excellency of the 20th February of the present year, in which 
you expre.ss your opinit)nre.spectinothe rights of the Russian -American 
Company to the possession of some parts of the north-western coast 
of Amei'ica, and respecting the conditions for terminating the dispute 
which has arisen respecting the extent of these possessions. 

His Majesty having favourably received the same, deemed your 
reasons worthy of his Imperial attention, which, as is known to vour 
high ExcelltMicy. carefully directed to everything that coneei'ns the 
preservation of the legal interests of Russian subjects, and those espe- 
cially which, by entei'prise and hibour, conduce to the extension of 
national industry, and consequently to the increase of general pros- 
l)erity in the Empire. The Emperor recollects with pleasure every- 
thing that has been done by our bold mariners in the discovery of 
islands and coasts of America. Their elforts and successes, even their 
los.ses and dangers when settling in places hitherto unknown, and 
wdiere they fii'st extracted the riches of Nature for the benetit of all 
civilized mankind, have undoubtedly given us the right of ol)taining 
advantages cominensurate with them, and the Ministry of His Majesty 
will, neither during the present negotiations, nor yet at any other time, 
lose sight of then). 

But while endeavouring to protect interests laboriously established, 
and even secure new advantages by all allowable means, it must not be 
foi-gotten that there may exist other most important necessities and 
interests of State which impose very grave duties on the Government. 
To you. Sir, as a man ac(|uainted with every branch of the science of 
government, I consider it superfluous to explain that the greater or 
sniall(>r utility of desiral)le ac((uisitions cannot serve as a guide in 
political negotiations. AVhat the Ministry of His Imperial Majesty 
will tenaciously follow is the principle of vvV////. and there where it 
caniiot with accuracy be recognized or defended without inordinate 
sacritices in its entiiety. it is necessary to take into consideration not 
only the degree of nnitual demands, biit also the degree of po-ssibility 
of attaming the objects of the .same without anv dangerous strain of 
strcno-th. ■ ^ 



RELATING TO TREATY OF 1825. 167 

Without this it is impossiljlo to expect success in negotiations, and 
these rules have served as guides for the Plenipotentiaries appointed 
by His Imperial Majest}" for negotiating respecting the aft'airs of the 
Kussian- American Compan}'. By rights of tirst discovery, and by that 
which is still more real, the tirst establishment of habitations and 
human activity', our Cabinet demands possession both of the islands 
and the western coast of America from the furthest north to the 55th 
degree of latitude; but Great Britain, on her part, represents the 
rights of the Hudson's Bay Company, whose trading posts or refuges, 
penetrating further and further into the interior of the lands, have 
nearly reached the north-western coast, on about the same parallel. 
The bases of these mutual pretensions are similar in character; at the 
same time it nmst be foreseen that out of the misunderstandings now 
arising disagreeable consequences ma}^ in time ensue, and prudence 
demands that the interests of both parties should be quickly reconciled. 

For this only one expedient presents itself: to establish at some dis- 
tance from the coast a frontier-line which shall not l)e infringed by 
our establishments and trappers, as also by the hunters of the Hud- 
son's Bay Company. The Plenipotentiaries on both sides equall}" rec- 
ognized the necessity of this measure; but the width of the coast-line 
necessary for the safe existence and consolidation of our Colonies, the 
direction of the frontiei", and even its starting point on the Continent 
of America, still form subjects of negotiation, and the British Ambas- 
sador has declared that for continuing them he must seek new instruc- 
tions from his Court. I shall not repeat that in these negotiations with 
England we took, and will continue to take, into equal consideration 
on the one side the requirements and interests of the establishments of 
the Russian- American Company, and, on the other, the degree of its 
rights of possession in the interior of the Continent of America, and 
the measure of the methods for lirndy securing to the Company the 
possession of these territories. 

As 1 have said above, for the peaceful existence of our Colonies 
more than all is it necessary to determine with accuracv the frontier, 
the extent of the country between the coast, and this frontier must be 
sufficient and be in correspondence with the condition to what these 
establishments will, in all proba1)ility, in time attain, and l)v their 
means of own defence. Here, gracious Sir, you will allow me to 
observe that to extend oui- pretensions to the interior of the Continent 
of America to the middle of the Rocky Mountains, we have neither the 
right nor the possibility; such pretensions may merely l)e the cause 
not only of disputes, but also of other most disagreeable events; and, 
as it would appear to me, there is no visible advantage in this fictitious 
extension of our confines. 

Independent of the circumstance that the land in those places is 
almost sterile, ati'ords no corn-lields, which, in the opinion of your 
high Excellency, are necessary for a Colony, is hardly able to produce 
good food-products, and that the principal pursuit of our settlers con- 
sists in the ca})ture of marine and not land animals, it is necessary to 
bear in mind that in accordance with contemplated plans these Settle- 
ments, after the line of frontier has been fixed, will acquire recognized 
and undisputed possession of a consideral)ly extensive zone of countr}', 
and, moreover, that when there are no disputes respecting 1)Oundaries 
the neighbourhood of civilized people, far from ])eing harmful, is 



1(38 DIPLOMATIC CORKESPONDENCE 

advtintao-eous to a Colon}', as, in ease of necessity, new means of 
obtaining- food supplies are established. 

How can it be supposed that, owing- solely to such propinquity, we 
shall be obliged, abandoning- the islands and coast occupied by us, to 
retire to thcT 60th degree ? Such were the Emperor's own comments 
on the perusal of your high P^xcellency's despatch; one place in par- 
ticular attracted the attention of His Majesty: it was that in which 
you. gracious Sir, asserted that, in consequence of the demands of 
'England. Russia will be obliged to surrender to the former many 
natives of America who have been converted by us to Christianity. 
To lose subjects who have voluntarily subjected themselves to his 
sceptre, and are sons of the Russian Church, would, of course, always 
be regretted by our noble-minded Monarch; but, according to all the 
information I have gathered, it appears that neither along the coast, 
below O.J degrees, nor yet in the interior of the country at a great dis- 
tance fi'om the sea. are there any Settlements of the Company, nor any 
natives professing the Kusso-Greek faith; at the same time our appre- 
hendt>d retirement to the north is, I venture to opine, not very probable. 

Having thus denoted (as far as the secrecy necessary in diplomatic 
negotiations permitted) the present position of our negotiations with 
England. I hasten to inform your high Excellency and the whole Board 
of Management of the Compau}' that the other negotiation concerning- 
its atlairs with the North American Republic has been brought to a 
conclusion, and with the success desired. The Convention concluded 
on the 5th April, IS'24. and herein inclosed in copy for your informa- 
tion, contains the ratified conditions mutually consented to, and these 
are, in my opinion, reciprocally and completely satisfactory. In 
Article HI the United States recognize the sovereign power of Russia 
over the western coast of America, from the Polar Seas to 5i iO' of 
north latitude; while we, on our part, promise not to found Settle- 
ments l)elow this parallel, as a matter of course only in those places 
and without extending- this provision to the Colony of Ross, far distant 
to the south. 

By Article H the States bind themselves not to allow their citizens 
and sul)jccts to land at Russian Colonies without the distinct permis- 
sion of the local authorities. Article I provides that Americans will 
not sell to the wild natives of the region belonging to us either strong- 
liquors, so ])aneful to those ignorant people, or. which is of still 
greater importance, weapons of any kind. In this manner, after fif- 
teen yeai-s of long-protracted and fruitless endeavours, having now 
hai)pily attained the object of a difficult negotiation, we have for ever 
i-<'iiio\cd the chief cause of those disorders, quarrels, and bloodshed 
which have hitherto prevailed in that region, I would go further, and 
say that l)y this, perhaps, the first solid foundation has been laid to 
the peaceful existence of our Colonies. 

In Article IV we allow the American States, though for no longer 
than ten years, to trade and fish in places within our dominions: to 
this proviso, so advantageous to them, our Cabinet was obliged to con- 
sent on two considerations of equal cogenev. Firstlv, because the 
Cioveriinient of tiie North American Republic— not w'ithout founda- 
tion -(Imianded renumeration for the verv considerable advantage 
afforded us under other stipulations of the Convention, especiallv by 
the coiiditions of Article V. Secondly, because the Americans have 
aln-ady tor many years past carried on this trade and fishing, which 



KELATING TO TREATY OF 1825. 169 

the Company to the pre.sent time cannot find means to oppose: and, of 
course, it is more reprehensil)le for the Company to allow them to 
benefit by these pursuits as they have hitherto done h}\ as it were, a 
natural and an indet'easil)le right, than that they should carr}' them on 
by permission granted them by us in a solemn Convention, as through 
this the Americans as solemnly recognize that after the expiration of 
the few prescribed years we shall have the legal right to prohibit both 
trade and fishing in this region. 

His Majesty the Emperor deigned to approve all the stipulations of 
the Convention, in which, so far as possible, are reconciled the demands 
and interests of both Contracting Parties. Having carefully examined 
this instrument, we have almost come to the conclusion that by means 
of it our Colonies are the greater gainers. It is in a certain sense the 
commencement of their political existence and safety, inasmuch as 
now. for the first time, aredetermined their relations to foreign States. 
The importance of this is evident, and the members of the Russian- 
American Company will undoulitedly appreciate in the fullest measure 
this new great benefaction of their august Patron, who so indefati- 
gably labours for their good by protecting the rights of his beloved 
Russian subjects not only with all the might of our Empire, but b^^, 
perhaps, for him more precious power, that of respect and confidence 
which the undeviating course of his policy serves to instil into all 
Governments and nations of the civilized world. 

I have the honour to be, with perfect respect and similar devotion, 
your high Excellencys obedient servant, 

The original is signed by — 

Count Nesselrode. 

April 11. 1821. 



Count Xessdrode to Count Lieven. 

Saint-Pete RSBOURG, le 5 17 Avril, 182Ii,. 

M. LE Comte: Par mes depeches du 17 de ce mois, j'ai fait connoitre 
a votre Excellence les resultats peu satisfesans de nos negociations 
avec Sir Charles Bagot, relatives aux frontieres qui doivent separer les 
possessions Russes des possessions Angloises par la cote nord ouest de 
TAmerique. 

Aujourd'hui, M. le Comte, je vous developperai les motifs qui ne nous 
ont pas permis d'accepter les propositions de TAmbassadeur d'Angle- 
terre. 

Pour ne pas entrer sans necessite dans de trop longs details, je me 
bornerai ti discuter ici le point de la question sur lequel nous n'avons 
pu tomber d'accord. 

L'oukase du 1 (16) septembre 1821 avoit porte jusqu'au 51^ de lati- 
tude septentrionale les limites des domaines de la Russie sur la cote 
nord-ouest du continent americain. Cependant TEmpereur s'etant 
convaincu que presquTi la meme epoque la Compagnie Angloise de la 
Bale d'Hudson avoit forme des etablissemens par les .53^ et 51^ de lati- 
tude septentrionale, et que ces etablissemens n'etoient meme plus tres 
eloignes de la cote, nous autorisa Ti donner, des Touverture des nego- 
ciations, une preuve de ses intentions conciliantes, en declarant a Sir 
Charles Bagot que nous nous tiendrions aux limites assignees a nos 



170 DIPLOMATIC CORRESPONDENCE 



possessions americaines par la charte de rEmpereiir Paul, qii'en con- 
sequence la lio-nc du 55" deg-re de latitude septentrionale constitueroit 
au niidi la froTitiere desEtats de Sa Majeste Imperiale, que sur le con- 
tinent et vers Test, cette f rontiere pourroit courir le long des montagnes 
qui suivent les sinuosites de la cote jusqu'au Mont Elie, et que de ce 
point jusqu'a la Mer Glaciale nous lixerions les bornes des possessions 
respectives d'apres la ligne du 140" degre de longitude ouest meridien 
de Greenwich. 

Atin de ne pas couper Tile du Prince de Galles, qui selon cet arrange- 
ment devoit rester a la llussie, nous proposions de porter la frontiere 
nieridionale de nos doniaines au 54"^ 40' de latitude et de la faire aboutir 
sur le Continent au Portland Canal, dont rembouchure dans TOcean 
est a la hauteur de File du Prince de Galles et I'origine dans les terres 
entre le 55^ et 56^ de latitude. 

Cette pro])osition ne nous assuroit qu'une etroite lisiere sur la cote 
meme, et elle laissoit aux Etablisseuiens Anglois tout Tespace neces- 
saire pour se multiplier et s'etendre. 

Vous verrez, M. le Comte, par les pieces ci-jointes, qu'en outre nous 
annoncions Tonverture du port de Novo-Archangelsk et que nous pro- 
mettions la libre navagation des tieuves qui se trouveroient sur notre 
territoire. 

Apres quelques discussions, les dernieres contre-propositions de Sir 
Charles Bagot furent de comprendre toute Pile du Prince de Galles dans 
les possessions de la Russie, mais de stipuler que notre frontiere suivroit 
de cetti> lie la passe dite Duke of Clarence's Sound, et (juVlle n'aliouti- 
roit a la cote qu'au-dessus du 56- de latitude septentrionale. 

[Cette ditierence, si on la considere sur la Carte, paroit insignifiante 
au premier coup d'(eil; elle est neanmoins si essentielle pour nous, qu'il 
nous est al)s()lument impossible d'adherer au plan de demarcation trace 
par le Plenijiotentiaire de Sa Majeste Britannique.] 

Nous lui avons expose, dans notre reponse a sa seconde notre verbale 
et dans notre replique du 18 Mars, des considerations que nous ne 
pouvons perdre de vuc et qui nous semblen.t decisives. L'P^mpereur 
vous charge, M. le Comte, d'inviter le Cabinet de St. James a les peser 
avec la plus mure attention, et Sa Majeste se flatte qu\\ la suite d'an 
exanien inq)artial il s'enipressera lui-meme de reconnoitre combien nos 
raisous sont graves et legitjmes. 

Vm premier lieu, aucun Etat n'a reclame contre la Charte de TEmpe- 
reur Paul, et ce silence universel pent et doit etre envisage comme une 
recomiaissance de nos droits. 

On nousobjecte que nous n'avons pas forme d'Etablissement stables 
sui- la cote nord-ouest au dessous du 57^ de latitude. Cela est vrai, 
mais dans la saison de la chasse et de la peche la cote et les eaux 
avoisinantes sont exploitees par notre Compagnie Americain(> l)ien au 
dcla du 55 et du 54- parallMe. Ce genre d'occupation est le seul dont 
yes parages soicnt susceptit)les, on du moins le seul qui soit necessaire 
lors(iu'uii pmi plus au nord on a fondc et organise des Colonies. Nous 
somines done pleinement en droit d'insister sur la continuation d'un 
benehce (|ue notre commerce s'est assure des Tannee I79'a, tandis que 
les Conq)agnies Angloises de la Bale d'Hudson et du Nord-Ouest ont 
a peine attemt depuis trois ans le voisinage de ces latitudes, tandis 
qu elles n occupent encore aucun point qui louche a Tocean, et qu'il 
est notoii-e que c'est pour Tavenir seulement quVUes cherchent a s'y 
menager les protits de la chasse et de la peche. Ainsi nous vouloiis 



EELATING TO TREATY OF L825. l7l 

conserver, et les Compag-nies Angloises veulent acquerir. (Jette seule 
circonstance suffit pour justitier nos propositions. Elles ne sont pas 
moins conformes au priiicipe des convenances mutuelles, qui devoit 
servir de base a la neg-ociation. 

8i rile du Prince de Galles nous deiueure. il faut qu'elle puisse nous 
etre de quelque utilite. Or. d'apres le plan de T Anibassadeur d'Angle- 
terre, elle ne seroit pour nous tpi'une charge et presque un inconve- 
nient. Cette lie, en etfet, et les etablissemens que nous y forraerions 
se trouveroient entierement isoles. prives de tout soutien, enveloppes 
par les domaines de la Grande-Bretagne eta la merei des Etablissemens 
Anglois de la cote. Nous nous epuiserions en f rais de garde et de sur- 
veillance dont aucune compensation n'allegeroit le f ardeau. Un arrange- 
ment pareil reposeroit-il sur le principe des convenances nmtuelles? 

Nous invoquons toutet'ois ce principe avec d'autant plus de-justice 
que TAngleterre elle-meme a prouve par un acte authentique qu'elle 
regardoit comme douteux ses droits sur le territoire dont elle demande 
Tabandon. La Convention passee le 20 Octobre, 1818, entre la Cour 
de Londres et les Etats-Unis, declare propriete commune des deux 
Puissances pour dix ans toute Tetendue de pavs comprise entre les 
Rocky Mountains, TOcean Pacitique, et les possessions Russes. Les 
titres des Eltats-Unis a la souverainete de ce pays sont done aussivala- 
bles que ceux de TAngleterre. Cependant, le Ca])inet de Washington 
a reconnu que nos limites devoient descendre jusqu'au 54- 40'. II la 
reconnu par une transaction formelle que nous venous de parapher 
avec son Plenipotentiaire, et cette reconnoissance n'a point pour con- 
sequence unique de fortifier nos argumens, elle nous procure d'autres 
resultats auxcpiels nous attachions, avec raison, le plus haut interet. 

Tranquilles de ce cote, nous n'avons maintenant aucune crainte a 
nourrir, et le Cabinet de Londres conviendra sans doute qu'un tel etat 
de choses augmente le prix des sacrifices que nous lui oti'rons. Deja 
il existe une difference de pres de quatre degres entre la demarcation 
de Toukase du 4 (16) septembre 1821 et celle que nous indiquons au 
jourd'hui. Les etablissemens des compagnies angloises peuvent occu- 
percet intervalle. A Test ils peuvent unir les deux cotes de TAmerique; 
au midi rien n'empeche qu'ils n'acquierent une extension considerable. 
Pour nous, nous bornons nos demandes a celle d'une simple lisiere du 
continent, et atin de lever toute objection, nous garantissons la libre 
navigation des fleuves, nous annoncons Touverture du port de Novo- 
Archangelsk. 

La Russie ne sauroit pousser plus loin ses concessions. Elle n'en 
f era pas d'autres, et elle est autorisee a en attendre de la part de TAngle- 
terre; mais encore une fois, elle ne reclame que des conce.-sions nega- 
tives. On ne peut eftectivement assez le repeter, d'apres le temoignage 
des cartes les plus recentes, TAngleterre ne possede aucun etablisse- 
ment, ni si la hauter du Portland Canal, ni au bord meme de Focean, 
et la Russie, quand elle insiste sur la conservation d'un mediocre espace 
de terre ferme, n'insiste au fond que sur le moyen de faire valoir, nous 
dirons plus, de ne pas perdre les iles enviroimantes. C'est la position 
dont nous parlions tout a Theure; nous ne recherchons aucun avantag'e, 
nous voulons eviter de graves inconveniens. 

, En resume, M. le Comte, si Ton consulte le droit dans cette negocia- 
tion, la Russie a celui qu'assurent, d'une part, un consentement tacite. 
mais incontestable, de Pautre, une exploitation paisible depuis vingt- 



172 DIPLOMATIC CORRESPONDENCE 

cinq ans et qui peut etre consideree comnie equivalente a una occupa- 
tion continue. 

Si Ton invoque le principe des convenances mutuelles, la Russie 
liiisse an developpenient prog-ressif des etablissemens ang-lois una vasts 
etondue de cote et de tevritoire; elle leur assure de libres debouches; 
(die pourvoit aux interets de leur commerce, et pour compenser tant 
d'ortres dictees par le plus sincere esprit de conciliation, elle se reserve 
uni(iuenient un point d'appui sans lequel il lui seroit impossible de 
garder unc moitie de ses domaines. 

De telles vues n'ont besoin que d'etre presentees dans leur vrai jour 
pour qu'un gouvernement comme celui de la Grande-Bretagne sache 
les apprecier. Douter de son adhesion dans cette circonstance, ce seroit 
douter de sa justice; et il vous sera facile, TEmpereur se plait a le croire, 
d'obtenir le consentement definitif de I'Angleterre a une transaction 
((ui renq^liroit nos v(eux et nos esperances, en prevenant toiite discus- 
.sion ulterieure. 

Recevez, etc., Nesselrode. 



[Translation.] 

Count Nesi<eh'()dt to Count Lleven. 

St. Petersburg, April 5il7, 1824-. 

Mr Lord: By my dispatches of the ITth of this month " I have made 
known to your excellency the unsatisfactory results of our negotiations 
with Sir Charles Bagot in regard to the boundaiy lines which are to 
separate the Russian possessions from the English possessions along' 
the northwest coast of America. 

To-day, my lord. I will explain to you the motives which have pre- 
vented us from accepting the proposals of the English aml)assador, 

Not to enter further than is necessary into too long details, 1 will 
limit myself to discussing here that point of the question on which we 
were not able to agree. 

The ukase of 4 (16) of September, 1821, carried the domains of Rus- 
sia oil the northwest coast of the American continent down to the 
tifty-tirst degree of north latitude. Nevertheless, the Emperor, being- 
conviiiciKl that at almost the same epoch the Eno-lish Hudson's Bay 
Company liad formed establishments about 53- and 54^ iiortli latitude, 
and that these establishments were not very far removed from the 
coast, has authorized us to give at the outset of the negotiations a 
proof of his conciliatory intentions in declaring- to Sir Charles Bag-ot 
that \ye would contine ourselves within the Hmits assigned to our 
American possessions by the charter of the Emperor Paul; that in 
consequence the line of the liftv-lifth degree of north latitude would 
constitute on the south the frontier of the States of His Imperial 
Majesty: that upon the continent and toward the east, this frontier 
could run along the mountains which follow the sinuosities of the coast 
as tar as Monnt Klias. and that from this point we would fix the limits 
ot the respective possessions ticcording to the one hundred and fortieth 
degree of longitud e west from the meridian of Greenwich. 

"Tlu- Kns-Hian archivfH show that this dispatch was composed 17 (29) iNlarch, 1824 
(same .hite as Su-. C. Bagot's No. 31), and "this month" means March. 



RELATING TO TREATT OF 1825. 173 

In order not to cut Prince of Wales Island, which, according- to this 
arrano'ement, would remain to Russia, we proposed to carry the south- 
ern frontier of our domains to latitude 54^ 40' and to make it abut upon 
the continent at the Portland Canal, of which the opening- into the 
ocean is at the same latitude as Prince of Wales Island, and which has 
its origin inland between 55" and o(y- of latitude. 

This proposal will assure to us merely a narrow lisiere (strip) upon 
the coast itself, and will leave to the English establishments all the 
needful space for increase and extension. 

You will see, my lord, by the annexed documents, that we further 
announced the opening of the port of Novo-Archangelsk, and that we 
promised free navigation of the rivers which might be within our 
territor}'. 

After some discussion the last counter propositions of Sir Charles 
Bagot were to include all of Prince of Wales Island Avithin the Russian 
territory, but to stipulate that our boundary line, on honing this island, 
should follow the pass called Duke of Clarence Sound and should not 
strike the coast until above 56'- north latitude. 

This difference, if regarded on the map, would appear insignificant 
at the first glance. It is nevertheless so essential to us that it is abso- 
lutely imyjossible for us to accept the plan of demarcation traced bj- 
the plenipotentiarv of His Britannic Majesty. 

We explained to him in our response to his second verbal note and 
in our answer of March 18 (19) reasons that we could not overlook and 
which seemed to us conclusive. The Emperor charges you, my lord, 
to request the Cabinet of St. James to weigh them with the most care- 
ful attention, and His Majesty is pleased to believe that upon impar- 
tial examination it will hasten to recognize the weight and justice of 
our reasons. 

In the first place, no nation has protested against the charter of the 
Emperor Paul, and this universal silence may and should be regarded 
as a recognition of our rights. 

The objection is raised that we have not made estal)lishments on the 
northwest coast below the 57" of latitude. This is true, Init during 
the season of hunting and fishing the coast and the neighboring waters 
are exploited ])y our Anierican company far beyond the 55^^ and 54^^ 
parallels. This is the only manner of occupation of which these locali- 
ties admit, or, at least, the only one that is necessary, with colonies 
founded and organized a little farther north. 

We have, then, full right to insist on the continuance of a priA'ilege 
which our commerce secured as early as 1790, while the English Hud- 
son Bay and Northwest Companies have hardly been three years in the 
vicinity of these latitudes, and they do not yet occupy any point which 
touches the ocean, and it is well known that it is onl}^ with a view to 
the future that they are trying to secure for themselves the profits of 
the hunting and fishing. Thus, we wish to I'eep^ and the English 
companies wish to <il>tain. This circumstance alone is sufficient to 
justify our proposals. The latter are no less consistent with the prin- 
ciple of mutual expediency, which should serve as a basis for the 
negotiations. 

If Prince of Wales Island remains to us, it is necessar}^ that it can 
be of some utility to us. Now^, according to the plan of the British 
ambassador, it would be for us only a burden, and perhaps an incon- 
venient one. That island, in fact, and the establishments which we 



]^74 DIPLOMATIC CORRESPONDENCE 

inio-ht sot up thereon, would tind themselves entirely isolated, deprived 
of liU support, surrounded by the domains of Great Britain, and at 
the mercy of the English es'tal)lishments of the coast. We would 
exhaust ourselves in the cost of guarding- and watching our part, with- 
oiit any compensation to alleviate the burden. Would such an arrange- 
ment be founded on the principle of mutual expediency^ 

\\'e have all the more right to appeal to this principle, since England 
herself has proved by an authentic act that she regarded her rights to 
the territory, the surrender of which she demands, as doul)tfuI. The 
convention of Octoljcr 20, 1818. between the court of London and the 
United States, declares that all the extent of country between the 
Rocky Mountains, the Pacific Ocean, and the liussian possessions shall 
])ethe common property of the two powers for ten years. The titles 
of the United States to the possession of this territory are, therefore, 
as valid as those of England. Nevertheless, the Cabinet of Washing- 
ton has admitted that our boundary should come down as far as 54'^ -iO'. 
This has been admitted in a formal agreement that we have just signed 
with its plenipotentiary, and the strengthening of our arguments is 
far from being the only result of this admission; it has other conse- 
(juences to which we rightly attach the greatest importance. 

Free from anxiety on this side, we have now nothing to fear, and 
the London cabinet will doubtless acknowledge that such a condition 
of ati'airs increases the value of the sacrifices that we are offering to 
make. There is already a difference of nearl}^ four degrees between 
the demarcation of the ukase of the 4th (i6th) of Septeml)er, 1821, and 
the one that we now point out. The establishments of the English com- 
panies could occupy the intervening space. On the east, they could 
unite the two coasts of America; on the south, nothing prevents their 
wide extension. For ourselves, we limit our demands to a mere strip 
of the continent, and in order to remove all cause for objection we 
guarantee the free navigation of the rivers and announce the opening 
of the port of Novo-Archangelsk. 

Russia can not stretch her concessions further. She will make no 
others, and she is authorized to expect some concessions on the part 
of England; but once again, she demands only negative concessions. 
It can not be reiterated with sufficient positiveness that, according to 
tile most recent charts, England possesses no establishment, either up 
to tiie hititude of rortland Channel or on the shore of the ocean itself; 
and Russia, when she insists on conserving a moderate expanse of the 
mainland (terre ferme) only insists fundamentally upon the means of 
utilizing— we can better say of not losing — the environing islands. 
This is the position of which we just spoke; we seek no advantage, we 
wish to avoid serious difficulties. 

To sum up, my lord, so far as the question of right in this affair is 
concerned, Russia has that derived, on one hand, from a tacit and 
undeniable consent; on the other, from a peaceful exploitation for the 
last twenty-five years, which mav be considered as eciuivalent to a 
continuous occupation. 

So tar as the principle of nuitual expediency'' is concerned, Russia 
h'aves an enormous stretch of coast and land to\he progressive devel- 
opment of the English establishments; she insures them free outlets; 
she provides for the intei-ests of their commerce, and, in compensation 
tor ill these benefits, which the most sincere spirit of concilliation has 
nni)elled her to ofier, she reserves for herself only one point of support. 



RELATING TO TREATY OF 1825. l75 

without which it woukl be impossible for her to keep half of her 
domains. 

It is only necessary that these views be presented in a proper light 
to insure their appreciation on the part of a government like that of 
Great Britain. To doubt its compliance in this matter would be to 
doubt its justice; and the Emperor is pleased to believe that it will be 
easy for you to obtain the detinitive consent of England to a compro- 
mise which, by preventing- all future discussion, would satisfy' our 
desires and our hopes. 

Receive, etc., Nesselrode. 



Mi\ G. Cannmg to Sir C. B<«j(>f. 

No. 18.] Foreign Office, AprH^J^, 1821^. 

Sir: Your despatches to No. 23 inclusive received here on the 14th 
instant by the messenger Draflen (after an unusually expeditious jour- 
ney), have been laid before the King. 

The courier whom your Excellency mentioned as being dispatched 
to Count Lieven at the same time with Drati'en has not yet arrived — ■ 
at least so I learn from Count Lieven, who denies having yet received 
the instructions which he is promised. 

I take advantage of the departure of Sir Alexander Malet, whom 
His Majesty has been yjleased to allow to be attached to your Excel- 
lency's Embassy (Mr. Bloomtield, whose assistance 1 had so long ago 
promised, not being yet able to leave England), to acknowledge the 
receipt of your late despatches, ))ut I must refer your Excellency for 
any detailed observations upon them to what 1 shall write to you by a 
messenger, whom I intend to dispatch so soon as I shall have conferred 
with Count Lieven on the contents of his promised instructions. 

I will not,'however, defer till that opportunity the informing your 
Excellency that your conduct in suspending the negotiation with respect 
to the north-west coast of America, when you found that the moditica- 
tions, which you judiciously took upon yourself to make in your instruc- 
tions, were not met by corresponding concessions on the part of the 
Russian Government, has received His Majesty's gracious approbation. 

I have referred the whole question of this negotiation anew to the 
Governors of the Hudson's Bay Company, whose Report I expect 
shortly to receive. 

I have some reason to think that that Report will reconmiend the 
policy of closing with the Russian proposals rather than leaving the 
points in dispute unsettled for an indetinite time. It will then remain 
to consider, after I shall have learnt the tenour of the instructions sent 
to Count Lieven, whether it may be most expedient for the King's 
service to carry on the ulterior discussions with the Russian Ambas- 
sador here, or to authorize \^our Excellency to resume and conclude the 
negotiation. 

1 am, &c. George Canning. 



Dispatch of Count Lieven to Count Wesselrode. 

London, 2Iay20'Ji(ne 1, 182Ji.. (Received June 5 IT.) 
Monsieur le Comte: Au moment o\\ j'allais expedier a votre 
excellence mes rapports de ce jour sub Nrs. 84-95, je fus mis en pos- 



176 DIPLOMATIC CORKESPONDENOE 

session do la depeche qu'elle m"a fait rhonneur de m'adresser sous la 
date de 5 avril, et qui contient les dernieres propositions de notre 
Cour, relativement a la ligne de demarcation qui doit separer les pos- 
sessions russes des possessions anglaises sur la cote nord-ouest de 
rAnu'ricjue. 

(V)nnne la reception de cette piece avait coincide avec Tarrivee d'un 
courrier autricliien, [)orteur do Popinion du Cabinet de Vienne sur le 
menioire de notre Cour concernant la pacification de la Grece, et que 
dans SOS entretiens le Secretaire d'Etat m'avait fait entrevoir que la 
rentroe de cos documons serait suivie de pros de la remise des repon- 
sos du Gouvernement Britannique, j'ai cru, Monsieui' le Comte, devoir 
proHter de cette double circonstance pour chercher a soumettre au 
Ministere Imperial par la meme voie les determinations definitives du 
Cabinet Anolais sur ces deux sujets. Cette consideration m'eng-agea 
a roniotti-o le depart du courrier que j'allais diriger sur St.-Petersbourg, 
et Mr. Canning (juo j'on informai, me donna Tassurance qu'il me met- 
trait a niome de justitier complettement la cause de ce retard. 

Noannioins, un surcroit de travaux parlementaires, Tarrivee de la 
reponse du Cabinet de Madrid sur la question des Colonies, et les 
nouvelles sul)sequentes de Lisbonne absorberent a tel point tons les 
loisirs du Secretaire d'Etat, que ce n'est quo depuis bier que j'ai obtenu 
a force d'instances la reponse que Votre Excellence trouvera ci-joint 
en original et en traduction. 

Mr. Canning ayant rouni les deux sujets dans un memo cadre, je 
suivrai I'ordre qu'il a observe, en abordant en premier lieu la question 
de la nogociation ayant trait a la fixation des limites sur la cote Nord- 
Guest do TAmoriquo. 

I. Votre Excellence observera par la dopoche de Mr. Canning, que 
le (louvernomont Anglais consent a admettre les termes dernierement 
projjosos par notre Cour, et que Sir Charles Bagot va recevoir Tauto- 
risation de signer sur ces bases la convention qui reglera detinitive- 
mont Totat de nos frontiores en Amerique. Les conditions mises a la 
discretion de TAmbassadeur Britannique sur ce point, ne paraitront 
pent etre pas au Ministore Imporiale de nature a diminuer le prix de 
cette concession. 

Ellos consistent: 

a. "Dans une designation plus precise des limites dans lesquelles la 
portion do territoire roclamoe par la Russie sur le continent doit etre 
ronf(M"in('o." 

La i)r()p()sition do noti'o Cour otait de fairo courir cette frontiere le 
long dos niontagnes qui suivont les sinuosites de la cote jusqu'au Mont 
Elio. Lo ( iouvernemcnt Anglais admet complettement cette ligne telle 
«|u'olle so trouve designee sur les cartes; mais comme il croit que 
cellos -i-i sont iniparfaites, et que les montagnes devant servir do fron- 
tiere pourraient en s'ecartant de la cote, au dela de la ligne indiquoe, 
enclavor uno otonduo do territoire considoralde, il desire que cello que 
nons reclanions .soit plus procisoment designee, atin de ne point ceder 
<'!! realite au dola de ce (juo notre Cour domande, et dece qUe TAngle- 
terro est disposee a accorder. 

b. •' I)ans Iji fixation d'un degre de longitude plus occidental que la 
liniite (lesioiire par notre Cour au nord du Mont Elio.'' 

Le Cabinet Imperial a propose que cette limite soit forme par une 
ligrie do pi-olongation tracee vers le nord, a partir due 139^ de longitude 
(niei-idien de Greenwich). En suivant cette direction, la frontiere russe 



RELATING TO TREATY OF 1825. 177 

aboutirait, selon le Gouvernemeiit Anglais, a rembouchure supposee 
de la riviere de Mackenzie, qu'une expedition envoyee tout recemment 
par ce Gouvernenient vient encore d'etre chargee d'explorer plus en 
detail. La fixation de cette limite pourrait done, a son avis, aniener 
une collision entre les possessions des deux (Touvernemens. quMl est 
dans I'interet et I'intention de tons les deux d'eviter. Pour atteindre 
ce but, le Cabinet de Londres propose que la lig-ne de demarcation, en 
partant du Mont Elie, au lieu de suivre la prolongation du 13!) de lon- 
gitude, prenne une direction plus occidentale sutHsante pour Tecarter 
de reni))ouchure de la riviere Mackenzie. 

Mr. Canning- m'a assure qu'il a rencontre les plus grandes difficultes a 
faire consentir les compagnies de la bale de Hudson et du Nord-Ouest 
au plan de demarcation propose par notre Cour, et qu'elles considerent 
surtout la cession de Tile entiere du Prince de Galles comme bien plus 
importante qu'clle ne semble a la Russie. 

A Tobservation que j'ai faite au Secretaire d'Etat sur Finutilite des 
reclamations inserees dans sa response, au sujet du libre usage des 
rivieres enclavees dans les possessions russes ou des niers avoisinantes, 
et relativement aux droits enonces dans I'oukase de Tannee 1821, sur 
la navigation exclusive du nord de TOcean Pacitique, vu que le premier 
de ces objets avait ete explicitement accorde par notre Cour, et que 
I'autre point se trouvait applani par la convention conclue avec les 
Etats-Unis, Mr. Canning me repondit, que ces deux demandes n'avaient 
pas ete articulees par lui pour les faire valoir aux yeux de notre Gou- 
vernenient, mais uniquement pour pouvoir lui oflrir desargumens cen- 
tre ses adversaires parlementaires, dans le cas ou cette piece serait 
soumise si la Chambre, et le mettre a meme de prouver que, si le Gou- 
vernement Anglais faisait im abandon de droits a la Russie, il n''en sti- 
pulait pas moins en meme temps une juste reciprocite de concessions. 
L'arriere-pensee de Tett'et que ses actes publics pourront produire au 
Parlement, perce dans toutes les pieces qui emanent du Secretaire 
d'Etat, et si je n'avais desire en cette occasion eviter les inconvenient 
que j'ai trouves a plus d'une reprise a me reposer sur de seules explica- 
tions verbales, je n'aurais point insiste, comme je I'ai fait, sur une 
declaration ecrite, ou je ni'attendais que la Secretaire d'Etat cherche- 
rait a couvrir sa responsabilite sous toutes les reserves que la sujet 
admettait. 

[Here follows the Greek question.] 



[Translation.] 

D!><2>oteh of Count Lieven to Coimt JVesselrode. 

London, 3fay WiJune i, IS^Jf.. (Received June 5 17.) 
Count: Just as I was about to send your excellency my reports of 
to-day, under Nos. Sl:-95, 1 received the dispatch which you did nie the 
honor to address me under date of April .5 (IT), and which contains 
the last propositions of our Government with regard to the line of 
demarcation which is to separate the Russian possessions from the Eng- 
lish possessions on the northwest coast of America. 

As the receipt of this document coincided with the arrival of an Aus- 
trian courier, the bearer of the opinion of the Cabinet of Vienna on the 
memorandum of our Court concerning the pacification of Greece, and 

21528—03 19 



178 DIPLOMATIC CORRESPONDENCE 

as the .secretary of state had given me reason to expect that the arrival 
of tiiese docunients would lie speedily followed by the delivery of the 
replies of the British Government, I thought. Count, that I ought to 
avail nivself of this doul^le incident to endeavor to submit to the Impe- 
rial ministrv. bv the same channel, the tinal decisions of the English 
Cabinet upon tiiese two subjects. This consideration induced me to 
postpone the departure of the courier, whom I was al)out to dispatch 
to St. Petersburg, and Mr. Camiing, whom I informed of it. gave me 
the assui-ance thiit he would enable me to give perfectly satisfactory 
reasons for this delay. 

Nevertheless, an increase of parliamentary labors, the arrival of the 
reply of the cabinet of Madrid upon the question of the colonies, and 
the subsequent news from Lisbon, absorbed all the leisure of the sec- 
rctarv of state to such a degree that it was not until yesterday that I 
obtained, by dint of urgent solicitation, the reply which your excellency 
will find inclosed, in the original and in translation. 

As Mr. Canning has united the two subjects in the same document, 
I shall follow the order which he has observed, and shall first take up 
the question of the negotiations relating to the settlement of the 
boundaries on the northwest coast of America. 

I. Your excellency will notice by Mr. Canning's dispatch that the 
English Government agrees to accept the terras last proposed by our 
coui't, and that Sir Charles Bagot is about to receive authority to sign, 
upon these bases, the convention which will permanently settle the 
state of our frontiers in America. The conditions placed at the dis- 
cretion of the British aml)assador on this point will probal)ly not appear 
to the imperial ministry of a nature to diminish the value of this 
concession. 

They consist: 

(o) Of a more definite description of the limits within which the portion of terri- 
tory obtained bj' Russia on the continent is to ])e incloseil. 

The proposition of our court was to make this frontier run along 
the mountains which follow the windings of the coast to Mount Elias. 
The English Government fully accepts this line as it is laid off on the 
maps; l)ut, as it thinks that the maps are defective and that the moun- 
tains which are to serve as a frontier might, bj^ leaving the coast 
beyond the line designated, inclose a considerable extent of territory, 
it wishes the line claimed l)y us to be described with more exactness, 
so as not to cede, in reality, more than our court- asks and more than 
England is disposed to grant. 

(h) Of the selection of a degree of longitude farther to the west than the line 
designated by our court north of Mount Elias. 

The Imperial cabinet proposed that this boundary should be formed 
by a line of prolongation drawn toward the nortli, l)eginning at the 
one hundred and thirty-ninth degree of longitude west of Greenwich. 
By foll<)wing this direction the Russian frontier would end. according 
to the English (iovernment. at the supposed mouth of theMackenzie 
Kiver. which an expedition sent very recentlv bv that Government has 
just been again ordered to explore more in detail. The establishment 
ot that boundary might, consequentlv, produce a collision between the 
possessions of the two Governments, which it is in the interests and 
intentions of both to avoid. In order to attain this end, the cabinet of 
London jiroposes that the line of demarcation, starting from Mount 
Ellas, instead of following the prolongation of the one hundred and 



RELATING TO TREATY OF 1825. l79 

thirty-ninth degree of longitude, shall take a more western course, 
suthcient to divert it from the mouth of the Mackenzie River. 

Mr. Canning assured me that he had found the greatest ditticulty in 
gaining the consent of the Hudson Bay and Northwest companies to 
the plan of demarcation proposed by our court, and that they regard, 
especially, the ces><ion of the whole of Prince of Wales Island as of 
much greater importance than it appears to Russia. 

To the remarks which I made to the Secretary of State as to the use- 
lessness of the demands inserted in his reply on thesubject of the free use 
of the rivers inclosed in the R ussian possessions, and of the neighboring 
.seas, and with respect to the rights asserted in the ukase of the year 
18:21, concerning the exclusive navigation of the northern part of the 
Pacific Ocean, as the lirst of these points had been expressly granted 
by our court and the other was settled hy the convention concluded 
with the Ignited States. iNIr. Canning replied that these two demands 
had not been formulated by him for their weight in the eyes of our 
Government, Initonly to furnish him with arguments against his adver- 
saries in Parliament in case this document should be submitted to the 
House, and to enable him to prove that, if the English (xovernment 
abandoned any rights to Russia, it none the less stipulated a just reci- 
procity of concessions. The secret thought of the efi'ect which his 
public acts may produce in Parliament displays itself in all the docu- 
ments emanating from the Secretary of State, and if I had not l)een par- 
ticularly desirous on this occasion to avoid the inconveniences which 
I have more than once found in trusting to merelv oral explanations, I 
would not have insisted as I did upon a written declaration, in which 
1 expected that the Secretary of State would endeavor to conceal his 
responsibility under all the reservations that the subject admitted. 

(Here follows the Greek question.) 



Count Lieven to Count JVesseh'ode. 

LoNDOX, JJjnj 21 ! June ^, 1824. 

[Extract.] 

J'aurais ete inconsolable si ce long delai avait etc perdu pour le bien 
des afl'aires; mais j"ai au moins la satisfaction de vous annoncer que le 
Cabinet Anglais admet le principe des dernieres propositions de notre 
Cour, relatives a la delimitation de nos possessions sur la cote nord- 
ouest de TAmerique. Cet assentiment est, a la vei'ite. accompagne de 
la demande de quelques moditications, mais qui seml)lent etre de peu 
de valeur pour nous, et que la latitude accordee a Bagot pourra faire 
mitiger s'il y avait lieu. 

Canning, je dois Tavouer. a mis beaucoup de bonne volonte a nous 
satisfaire complettement; mais il avait a lutter contre une forte oppo- 
sition de la part des compagnies interessees. 

[Extract.— Translation.] 

Count Lieven to Count Nesselrode. 

London, May 21 June ^, 1824. 
1 would have been inconsolable if this long delay had been of no 
advantage to our aliairs, but I have at least the satisfaction of inform- 



180 DIPLOMATIC COEEESPONDENCE 

ingyou that the English cabinet admits the principle of the last prcrp- 
osTtions of our court relating- to the demarcation of our possessions on 
the northwest coast of America. It is true that this acquiesence is 
accompanied l)y th(» demand for some moditications, but which appear 
to be of little importance to us and which the latitude granted to Bagot 
mav moderate if there is any necessity for it. 

Tmust confess that Canning has exerted himself very faithfully to 
satisfy us comi)letely, but he had to struggle against a violent opposi- 
tion on tiie part of the companies interested. 



J//'. G. Canning to Count Lieven. 

[Extract.] 

Foreign Office, May W, 182 If.. 

After mature consideration of the two despatches from Count Nes- 
selrode to your Excellency on the 5th ultimo, copies of which your 
Excellency had the goodness to put into my hands, I have the satisfac- 
tion to acquaint your Excellency that 1 shall be enabled shortly to send 
to His Majesty's Ambassador at 8t. Petersburgh such instructions on 
the subject matter of both as shall meet, in a great degree, the wishes 
of your Court. 

1. As to the line of demarcation to be drawn between Russian and 
British occupation on the north-west coast of America; Sir Charles 
Bagot's discretion will be so far enlaiged as to enable him to admit, 
with certain ({ualitications, the term last proposed by the Russian Gov- 
erimient. 

The qualifications will consist chiefi}' in a more definite description of 
the limit to Avhich the strip of land required by Russia on the continent 
is to be restricted; in the selection of a somewhat more western degree 
of longitude as the boundary to the northward of Mount Elias; in pre- 
cise and positive stipulations for the free use of all rivers w^hich may 
be found to empty themselves into the sea within the Russian frontier, 
and of all seas, straits, and waters which the limits assigned to Russia 
may comprehend. 

It can hardlv be expected that we should not also put in our claim 
for the like privileges of trade as are, or may be, stipulated with Russia 
)>y any other nation; and we take for granted that the exclusive claims 
of navigation and jui-isdiction over the North Pacific Ocean, which 
were put forward in the Ukase of September 1821 are to be altogether 
withdrawn. 



Mr. ii. Canning to Sir C. Bagot. 

^''- --■] Foreign Office, Jlay 39, 1821^. 

Sir: I transmit to your Excellency a copy of a letter which I have 
addrcss(>d to Count Lieven upon the subject-matter of tw^o despatches 
from Count Xesselrode to Count Lieven, which that Ambassador com- 
nnimcated to me, and copies of which I also inclose. 

1 our Excellency will learn from mv letter to Count Lieven that vou 
may expect definitive instructions very shortlv. both for the conclusion 



RELATINU TO TREATY OF 1825. 181 

of the negotiation relating to the north -west coast of America, and to 
the proposed Conference on the pacification of Greece. 

I hope to dispatch a messenger to your Excellency with these instruc- 
tions in the course of the next week. 

Meantime the inclosed paper will put your Excellency generally in 
possession of the sentiments of His Majesty's (xovernment upon these 
several subjects. But your Excellency will not take any step upon 
them until you shall have received my promised instructions. 
1 am, &c. 

George Canning. 



J//'. G. Canning to Sir C. B(((jot. 

No. 26.] Foreign Office, July 12, 1821,.. 

Sir: After full consideration of the motives which are alleged by the 
Russian Government for adhering to their last propositions respect- 
ing the line of demarcation to be drawn between British and Russian 
occupancy on the northwest coast of America; and of the comparative 
inconvenience of admitting some relaxation in the terms of 3"our 
excellency's last instructions, or of having the question between the 
two Governments unsettled for an indefinite time, His Majesty's Gov- 
ernment have resolved to authorize your excellency to consent to 
include the south points of Prince of AVales Island within the Russian 
frontiers, and to take as the line of demarcation, a line drawn from the 
southernmost point of Prince of Wales Island from south to north 
through Portland Channel, till it strikes the mainland in latitude 56; 
thence following the sinuosities of the coast, along the base of the 
mountains nearest the sea to Mount Elias, and thence along the one 
hundred and thirty-ninth degree of longitude to the Polar Sea. 

I inclose the draft of a projet of convention foiuided upon these 
principles, which your excellency is authorized to sign previously to 
your quitting St. Petersburg. 

The advantages conceded to Russia by the line of demarcation, traced 
out in this convention, are so obvious, as to render it quite impossible 
that any oljjection can reasonably be ottered on the part of the Russian 
Government to any of the stipulations in our favor. 

There are two points which are left to be settled bv your excellency: 

1. In fixing the course of the eastern boundary of the stri]) of land 
to be occupied by Russia on the coast, the seaward base of the moun- 
tains is assimied as that limit; but we have experience that other moun- 
tains on the other side of the American continent, which have been 
assumed in former treaties as lines of boundary, are incorrectly laid 
down in the maps; and this inaccuracy has given rise to very trouble- 
some discussions. It is therefore necessary that some other security 
should be taken that the line of demarcation to be drawn parallel with 
the coast, as far as Mount St. Elias. is not carried too far inland. 

This is done by a proviso that that line should in no case (i. e., not in 
that of the mountains, which appear l)y the map almost to border the 
coast, turning out to be far removed f I'om it) be cari'ied further to the 
east than a specified number of leagues from the sea. The utmost 
extent which His ^Majesty's Government would be disposed to concede 
would be a distance of 10 leagues; but it would he desirable if your 
excellenc}' were enabled to obtain a still more narrow limitation. 



182 



DIPLOMATIC CORRESPONDENCE 



2. Article 5 of the ••Projet*' is copied from Article IV of the con- 
vention between Kiis.sia unci the United States of America. By the 
American Article the right of visiting- respectively and resorting to 
each other's possessions is limited to ten years. This limitation is left 
in blank in the " Projet." 

We should have no objection to agree to the Article without any 
limitation of time. We should prefer a longer period (say twenty 
years) to that stipulated by the Americans. Your excellency will 
olitain either of these extensions if you can, but you must not agree 
to a shorter term than ten years. 

Your excellency will be careful to make it understood that this limi- 
tation of time can not in any case extend to the use by Great Britain 
of the harbor of New Archangel, still less of the rivers, creeks, etc., 
on the continent, the use of all which is in the nature of a compensation 
for the perpetual I'ight of territory granted to Kussia. and. therefore, 
must be alike perpetual. If your excellency shall, as 1 can not doubt, 
conclude and sign this convention before your departure, you will make 
it a point to bring with you the ratification of the Russian Government 
to be exchanged by Count Lieven against that of His Majesty. 
1 have, etc., 

George Canning. 



[Inclosure.] 
Draft Convention. 



Sa ^Iajei=te le Roi du Royaume-Uni de 
la (iranti Bretajrne et de I'lrlande, et Sa 
Majeste-l' Einpereur deToutes les Russies, 
desirant resHerrer le^ liens d'amitie et de 
biiiine intelligence iiui les unissent, mo- 
yennant un accord qui regleroit, sur le 
principe d'une convenance reciproque, 
diffcrens points relatifs au commerce, a 
la navigation, et aux pecheries de leurs 
!-ujets sur rC)ccan Pacifique, ainsi que les 
liniites de leurs [xissessions et ctalilisse- 
mens sur la cote nord-ouest de I'Ameri- 
que; leurs dites ^lajestcs ont nommc des 
Plcnipotentiares pour conclure une Con- 
vention a cet effet, savoir: 

Sa Majeste le Roi du Royaume-Uni de 
la < Jrande-Bretagne et de i'lrlande. t&c, 
etc., Ac; 

Et Sa Mtijestc rEniperenrdeToutes les 
Rnssies, Ac, etc., Ac; 

J.esquels, aprcs s'etre reciproquement 
connnunitincs leurs ])leins ))ouvoirs res- 
jiectifs, trouves en bonne et due forme, 
sont convenus des Articles suivans: 

Akticle I. 

II est of)nvenu entre les Hautes Parties 
Contractantes (pie leurs sujets respectifs 
naviguenmt iilirement dans toute I'oten- 
tluc de rr)ct'aii Paciticiue, v comprise la 
Mer au deilans du Dctn-it dit de Bchring, 
et ne sernnt point trouV)l«'s ni molestt's en 
exercant leur commerce et leurs peche- 



His Majesty the King of the United 
Kingdom of Great Britain and Ireland, and 
His Majesty the Emjieror of All the Rus- 
sias, being desirous of drawing still closer 
the ties of friendship and good under- 
standing which unite them, by means of 
an Agreement which shall settle, upon 
the basis of reciprocal convenience, the 
different points connected with the com- 
merce, navigation, and fisheries of their 
su[)jects on the Pacific Ocean, as well as 
the limits of their possessions and estab- 
lishments on the north-west coast of 
America; their said Majesties have named 
their Plenipotentiaries to conclude a Con- 
vention for this ]>urpose, that is to say: 

His Majesty the King of the United 
Kingdom of (ireat Britain and Ireland, 
&c., &.C, &e. ; 

And His Majesty the Emperor of All 
the Russias, Ac, &c., &c. ; 

Who, after having communicated to 
each other their respective full powers, 
found to be in due and proper form, have 
agreed upon and concluded the following 
Articles: 

Article I. 

It is agreed between the High Contract- 
ing Parties that their resjiective subjects 
shall enjoy the right of free navigation 
along the whole extent of the Pacific 
()cean, compirehending the sea within 
Behring's Straits, and shall neither be 
troubled nor molested iii carrving on 



RELATING TO TREATY OF 182-"). 



183 



ries, dans toutes les parties du dit ocean, 
tant au nord qu'an sud. 

Bien entendn, qne la dite liborte de 
ptV'herie ne sera exercee par les sujets de 
1 une des deux Puissances qu'a la tlistance 
de 2 lieues maritimes des possessions res- 
pectives de I'autre. 



their trade and tisheries, in all parts of 
the said ocean, either to the northward or 
southward thereof. 

It being well understood that the said 
right of fishery shall not be exercised by 
the subjects of either of the two Powers, 
nearer than two marine leagues from the 
resi^ective possessions of the other. 



Article II. 

La ligne separative entre les posses- 
sions des deux Hautes Parties Contrac- 
tantes sur le continent et les Isles de 
rAmerique du nord-ouest, sera tracce de 
la inaniere suivante: 

En connuenc;ant des deux points de 
I'isle dite du Prince de Galles, qui en tor- 
ment I'extremite meridionale, lesquels 
points sont situes sous le parallele de 54° 
40', et entre le ISl'^ et le V^^S" degre de 
longitude ouest (meridien de Greenwich), 
la ligne de la frontiere, entre les posses- 
sions Britanniques et Pusses, remontera, 
au nord, par la passe dite le Portland 
Channel, jusqu'u ce qi'elle touche a la 
cote de la terre ferme situee au 56"" degre 
de latitude nord. De ce point elle suivra 
cette cote, parallt-lement a ses sinuosites, 
et sous ou dans la base vers la mer des 
montagnes qui la bordent, jusqu'au 139'' 
degre de longitude ouest du dit meridien. 
Et de la, lasusdite ligne meridionale du 
loO*" degre de longitude ouest, en sa pro- 
longation jusqu'a lalNIerGlaciale, formera 
la limite ties possessiones Brittanniques 
et Pusses, sur le dit Continent de I'Ame- 
ri(|ue du nord-ouest. 



Article II. 

The line which sei)arates the posses- 
sions of the two High Contracting Par- 
ties upon the continent and the Islands 
of America to the north-west, shall be 
drawn in the manner following: 

Commencing from the two points of the 
island called "Prince of Wales' Island," 
which form the southern extremity 
thereof, which points lie in the parallel 
of 54° 4iy, and between the IHlstand 133rd 
degree of west longitude (meridian of 
Greenwich), the line of frontier between 
the British and Russian possessions shall 
ascend northerly along the channel called 
Portland Channel, till it strikes the coast 
of the Continent lying in the 56th degree 
of north latitude. From this point it 
shall be carried along that coast, in a 
direction parallel to its windings, and at 
or within the seaward base of the moun- 
tains l:)y which it is bounded, as far as 
the 139th degree of longitude west of the 
said meridian. Thence the said meridian 
line of 139th degree of west longitude, in 
its extension as far as the Frozen Ocean, 
shall form the boundarj' of the British 
and Russian possessions on the said Con- 
tinent of America to the north-west. 



Article III. 



Article III. 



II est convenu neanmoins, jiar rapjiort 
aux stipulations de I'Article precedent: 

1. Que la susdite lisiere de cote sur le 
Continent de 1' Amerique, formant la limite 
des possessions Russes, ne doit, en aucun 
cas, s'ttendre en largeur depuis la mer 
vers rinterieur, au dela de la distance de 
lieues maritimes, a quelque dis- 
tance que seront les susdites montagnes. 

2. Que les sujets Britanni(iues navigue- 
ront et commenceront lil)rement a per- 
petuite sur la dite lisiere de cote, et sur 
celle des isles qui I'avoisinent. 

3. (^ue la navigation et le commerce 
des tleuves du continent traversant cette 
lisiere, seront libres aux sujets Britau- 
ni(iues, tant a ceux haliitant ou frequen- 
tant rinterieur de ce continent, qu'a ceux 
qui alxirderont ces parages du cote de 
r Ocean Pacifique. 



It is, nevertheless, understood, with re- 
gard to the stipulations of the preceding 
Article: 

1. That the said line of coast on the 
Continent of America, which forms the 
Ijoundary of the Russian possessions, shall 

not, in any case, extend more than 

marine leagues in breadth from the sea 
towards the interior, at whatever distance 
the aforesaid mountains may be. 

2. That British subjects "shall forever 
freely navigate and travel along the said 
line of coast, and along the neighljouring 
islands. 

3. That the navigation and commerce 
of those rivers of the continent which 
cross this line of coast shall be open to 
British subjects, as well to those inhab- 
iting or visiting the interior of this 
continent, as to those coming from the 
Pacific Ocean, who shall touch at these 
latitudes. 



184 



DIPLOMATIC CORRESPONDENCE 



Akticle IV. 

Le port de Sitka ou Nove Archangelsk 
sera et re^tera a jamais ouvert an com- 
merce des Hujccts de Sa Majeste Britan- 
nique. 

Article V. 

Par rai)i)ort aux autres parties des cotes 
du continent del' Ann' ri(|uedunord-ouest, 
et des isles qui I'avojsinent, appartenan- 
tes a I'une et A I'autre des deux Hautes 
Parties Contractantes, il est convenu que 
pendant I'espacede dix ans a compter du 

Avril, 1824, leurs vaisseaux res]jec- 

tifs, et ceux de leurs sujets, pourront 
reciproqueinent frequenter, sans entrave, 
les golphes, havres, et criques des elites 
cotes, dans des endroits non deja occupes, 
atin d'y faire la peche et le commerce avec 
les naturels du ])ays. 

Pien entendu: 

1. (^le partont ou 11 se trouvera un 
etaljlissemcnt de I'une des Hautes Parties 
Con'tj-actantes, les sujets de I'autre ne 
pourront y ahorder, sans la permission du 
Commandant ou autre prepose de cet 
endroit, a moins (pi'ils n'y seront forces 
par tempetes ou queltjue autre accident. 

2. (^ue la (lite lihiTt'' de commerce ne 
comprcndra jioint celni des liqueurs spiri- 
tueuses, ni des amies a feu, des amies 
l)lanches, de la poudre a canon, oud'autres 
especes de munitions de guerre. Tous 
lesfjuels articles les deux Puissances s'en- 
gagent reciiiroquement de ne point laisser 
vendre ni transferer, en manierecjuelcon- 
que, aux indigenes de ces pays. 

Article VI. 

Dorcnavant il ne ]X)urra etic forme par 
les sujets P)ritanni(|ues aucun etablis- 
sement, ni .sur les cotes ni sur la lisiere 
du continent comprises dans les limites 
<les posse.ssions Pusses designees par 
I'Article II; et de meme, il n'en pourra 
l)as etre forme aucun par des sujets Pus- 
ses liors des dites limites. 

Article \ll. 

Les vaisseaux Britanniques et Russes 
navigant <lans ces mers, qui seront forces 
jiar des tempetes, ou par ()uel(jue autre 
accident, a se refugier dans les ports res- 
peetils, jiourront s'y radouber e s'y pour- 
voir de toutes clioses m'cessaires", et se 
remettre en mer lihrement, sans payer 
aucun droit liors ceux de ])ort et ^es 
fanaux, quiirexe«'deront jias ce que pav- 
ent les iiaviivs indigenes. A moins (jue 
le i)atron d'un tel navire ne se trouveroit 
dans la necessity' de vendre quelque mar- 
(•hamlise pour defrayer ses di'penses; au- 
quel cas, il sera tenu de se conformer'aux 
Ordonnances et Tarifs <le I'endroit ou il 
aura ahorde. 



Artic"le IV. 

The port of Sitka or Nove Archangelsk 
shall be, and shall for ever remain, open 
to the commerce of the subjects of His 
Britannic Majesty. 

Article V. 

With regard to the other parts of the 
northwest coast of America, and of the 
islands adjacent thereto, belonging to 
either of the two High Contracting Par- 
ties, it is agreed that, for the sjiace of 

years from the April, LS24, their re- 
spective vessels, and those of their sub- 
jects, shall reciprocally enjoy the liberty 
of visiting, without hindrance, the gulfs, 
havens, and creeks of the said coast, in 
jilaces not already occupied, for the pur- 
poses of fishery and of commerce with 
the natives of the country. 

It being understood: 

1. That the subjects of either of the 
High Contracting Parties shall not land 
at any sj)ot where there may be an estab- 
lishment of the other, without the per- 
mission of the Covernor or other au- 
thority of the place, unless they should 
be driven thither by stress of weather or 
other accidents. 

2. That the said lil)erty of commerce 
shall not include the trade in spirituous 
liquors, in tire-arms, swords, bayonets, 
&v., guni)Owder, or other warlike stores. 
The High Contracting Parties reciprocally 
engaging not to permit the above-men- 
tioned articles to be sold or transferred, 
in any matter whatever, to the natives of 
the country. 

Article \l. 

No esta1)lishment shall, in future, be 
formed liy British subjects, either upon 
the coast or upon the liorders of the con- 
tinent comprised within the limits of the 
Russian possessions designated in Article 
II; and, in like manner, no such estab- 
lishments shall l)e formed by Russian 
subjects beyond the said limits. 

Article VII. 

Such British and Russian vessels navi- 
gating these seas, as may l,e compelled 
by stress of weatiier, or by any other ac- 
cident, to take shelter in the respective 
ports, shall be at liljerty to retit therein, 
to provide themselves with all necessary 
stores, and to put to sea again, without 
the payment of any duties excejii port 
and lighthouse dues not exceeding tliose 
]iaid by national vessels. In case, how- 
ever, the master of such ship should be 
obliged to disjiose of some of his mer- 
chandize in oi'der to defray his exiienses, 
he shall confoim himself to the Regula- 
tions and Tariffs of the place where he 
niav have landed. 



EELATIISTG T<) TREATY OF 1825. 



185 



Article VIII. 



Akticle VIII. 



Dan.< tons les ca,s de plainte par rapport 
a r infraction des Articles du present 
accord, les otticiers et employes de part 
et d'autre, sans se perniettre au prcalable 
aucune violence ni voye de fait, seront 
tenus de rendre un rapport exact de 
I'affaire et de ses circonstances, anx 
Cours respectives, lesipielles la terniine- 
ront selon la jnstice et a I'aniiable. 



Article IX. 

La presents Convention sera ratifiee, 
et les ratifications en seront echangees ;i 

dans I'espace de — — niois, on 

plutot si faire se pent. 

En foi de qnoi les Plenipotentiaires 
respectifs font signee, et y ont apj^ose le 
cashet de lenrs armes. 

Fait a le I'an de Grace 

1824. 



In every case of complaint on account 
of an infraction of the Articles of the 
present Convention, the officers employed 
on either side, without previously engag- 
ing themselves in any violent or forcible 
measures, shall make an exact ami cir- 
cumstantial report of the matter to their 
respective Courts, who will arrange the 
same, according to justice, in a friendly 
manner. 

Article IX. 

The present Convention shall be rati- 
fied, and the ratifications shall be ex- 
changed at within the space of 

months, or sooner, if possible. 

In witness whereof, the respective Pleni- 
liotentiaries have signed the same, and 
haveaffixed thereto the seals of their arms. 

Done at the day of , 

in the vear of Our Lord 1824. 



Count lAeveii to Count JSesselrode. 

LoNDRES, le 13125 JuiUet^ lS2Jf. (Received Aug-. T/19.) 

Monsieur le Compte: Par ma depeche de 20 Mai/1 Juin, No. 96, 
j'avais I'honneiird'informer Votre Excellence de rexpeditioii prochaine 
a Sir Charles Bagot, de nouvelles instructions pour la conclusion de-tini- 
tive de la Convention ([ui doit regler I'etat de nos f rontieres en Amerique. 
J'ai aujourd'hui la satisfaction de Vous annoncer, Monsieur le Comte, 
que Mr. Canning va proliter du depart de Mr. Ward, pour transmettre 
a rAmbassadeur Britannique rautorisation de signer cet acte. Le 
Secretaire d'Etat a meme ete plus loin. II a dresse d'avance un projet 
de Convention dont il ni'a permis de prendre lecture. 

Dans ce projet. dont le plan est en grande partie base sur la Conven- 
tion deja conclue sur le menie objet entre le Cabinet Imperial et celui 
de Washington, j'ai remarque avec phiisir que le Gouvernement Anglais 
renoncait entierement a la pretention qu'il avait emise en dernier lieu, 
relativement a la fixation d"un degre de longitude plus occidental que 
la limite designee par notre Cour, a partirdu Mont Elie, et qu'il admet 
aujourd'hui sans restriction, que cette limite sera formee par une ligne 
de prolongation tracee vers le nord. en suivant la direction due lol>eme 
degre de longitude. 

Quant a frontere des possessions respectives au sud du Mont Elie, 
c'est le long de la l)ase des montagnes qui suivent les sinuosites du 
rivage, que Mr. Canning la fait courir. J'ai cru devoir lui representer 
que lorsqu'on fait servir une chaine de montagnes a la tixation d\ine 
limite quelcont|ue, c'est toujours la duic de ces montagnes qui forme 
la ligne de demarcation; et qu'en cette circonstance, le mot de hase^ par 
le sens indetini qu'il presente, et le plus ou moins d'extension qu'on 
pent lid donner, ne me paraissait pas propre a mettre la delimitation 
dont il s'agit a I'abri de toute contestation. 

Du reste. Monsieur le Comte. tout ce qui regarde les droits de navi- 
gation reciproques des deux puissances dans ces parages m'a sendile 



lg(5 DIPLOMATIC COREESPONDEiS^CE 

conipletement d'aceord avec ce qui a deja ete regie entre notre Cour et 
les Etats-Unis. Mr. Caiuiino- a seulement ajoute la condition de la 
lil)re entree des vaisseaux anglai.s dans Mer Glaciale par le Detroit de 
Behring. J'ai objeete au Secretaire d'Etat (jue cette clause, entiere- 
nicnt irouvellc, est, par sa nature, etrangere a rol)jet special cle la 
negociation, et que les termes generaux dans lesquels elle est concue 
fertint peut-etre hesiter le (xouvernement Imperial ti Tadniettre sans en 
nioditier Trnonce actuel. pour ne point exposer les cotes de ses posses- 
sion> asiati(|ues aux inconveniens qui pourraient naitre de la visite des 
l)atiinens etrangers. ^Ir, Canning m'a repondu que deux motifs 
Tavaient engag-e ii en t'aire mention: 1°, Atin que les expeditions diri- 
gees vers le pole puissent obtenir une issue libre de la Mer Glaciale a 
la Paciti((ue, si jamais le passage, objet de taut de recherches, venait a 
etre entin decouvert, et 2", pour que la Russie ne puisse, dans la suite 
des temps, se prevaloir de la possession des deux rives ([ui forment le 
Detroit de Behring. })our en det'endre rentree, comme out fait autrefois 
les Danois au Sund. et aujourd'hui les Turcs aux Dardanelles. 

Telles sont. Monsieur le Comte, les explications qui out eu lieu a ce 
sujet entre le Secretaire d'Etat et moi; et Mr. Canning ayant pris en 
consideration les objections qu'une lecture rapide du projet de conven- 
tion m'a suggerees. il m'a promis de mettre Sir Ch. Bagot a meme de 
satisfaire entierement notre Cour. pour le cas ou elle jugerait a propos 
de reproduire mes arguments. 
J'ai riionneur, etc. 



[Translation.] 

Count Lieven to Count NexScJi'ode. 

London. .////// U {25), 182^. (Received Aug. 7 19.) 
Count: In my dispatch of ]Mav 20-June 1, No. 96, I had the honor 
to notify your excellency of the approaching sending- to Sir Ch. Bagot 
of new instructions for the definitive conclusion of the convention 
which is to settle the status of our frontiers in America. I have now 
the satisfaction of informing you. Monsieur le Comte, that Mr. Canning- 
is going to take advantage of the departure of ]Mr. Ward to transmit 
to the British embassador the authority to sign that act. The Secre- 
tary of State has even gone further. He has drawn up beforehand a 
draft of a convention, which he has permitted me to read. 

In this draft. th(> plan of which is. in great measure, based upon the 
coMviMition already concluded, upon the same subject, between the 
inqx-rial cabinet and that of Washington, I noticed with pleasure that 
the P^nglish Government entirely renounced the demand which it had 
made recently with regard to fixing upon a degree of longitude farther 
to the \v(>st than the boundary designated bv our court, beginning at 
Mount Elias. and that it now agrees, without reservation, that that 
lioundary shall 1m> formed by a line of prolongation drawn toward the 
north, following the diicetion of the i:;!>tli d(>gree of longitude. 

As regards tiie frontier of the respective possessions to the south of 
Mount Klias. Mr. Cunning makes it run along the base of the moun- 
tams which follow the sinuosities of the coast. 1 thought it my duty 
to repi-eseiit to him that when a chain of mountains is made to serve 
t(.r the establishment of any boundary whatever, it is always the crest 



RELATING TO TREATY OF 1825. 187 

of tho.se mountains that forms the line of demarcation; and that, in 
this case, the word *■' base," from the vag-ue meaning' attached to it. and 
the greater or less extension which may ])e oiven to it, did not appear 
to me adapted to protecting the delimitation in question from all 
controvers}". 

As to the rest. Monsieur le Comte, all that relates to the nuitual 
rights of navigation of the two powers in those waters appeared to 
me to be in perfect agreement with what has already been arranged 
between our court and the United States. Mr. Canning only added 
the condition that free entrance shall be allowed to English vessels 
into the Arctic Ocean through Bering Strait. I objected to the Sec- 
retary of State that this clause, which is an entirely new one, is. from 
its nature, foreign to the special subject of the negotiations, and that 
the general terms in which it is couched will perhaps cause the Impe- 
rial Government to hesitate to accept it without amending its present 
language, in order not to expose the coasts of its Asiatic possessions to 
the inconveniences which might arise from the visits of foreign vessels. 

Mr. Canning replied that he had ])een induced to mention it for two 
reasons: First, in order that expeditions sent toward the Pole may 
obtain a free passage from the Arctic Ccean to tiie Pacific, if the pas- 
sage which has been the object of so many explorations should ever be 
discovered; and second, in order that Kussia may not, in the course of 
time, take advantage of their possession of both coasts forming Bering^ 
Strait to prohibit [foreign vessels] from entering it. as was formerly 
done by the Danes in the Sound, and as is now done by the Turks in 
the Dardanelles. 

Such. Monsieur le Comte, are the explanations which took place on 
this subject between the Secretary of State and myself; and Mr. Can- 
ning, after considering the objections which a rapid reading of the 
draft of convention suggested to me. promised me that he would 
enable Sir Charles Bagot to satisfy our court completely, in case it 
should think proper to reproduce my arguments. 
I have the honor, etc. 



2Ir. G. Canning to S!r C. Bagot. 

No. 29.] Foreign Office, July 2J4.. W2I^. 

Sir: The '■'Projef"' of a convention which is inclosed in my No. 2(> 
having been communicated by me to Count Lieven, with a request that 
his excellency would note any points in it upon which he conceived any 
difficulty likely to arise, or any explanation to be necessary, I have 
received from his excellency the memorandum a copy of which is here- 
with inclosed. 

Your excellency will observe that there are but two points which 
have struck Count Lieven as susceptible of ^\\\ question. The hrst, 
the assumption of the base of the mountains instead of the summit as 
the line of boundary; the second, the extension of the right of the 
navigation of the Pacific to the sea beyond Behring's Straits. 

As to the tirst. no great inconvenience can arise from your excellency 
(if pressed for that alteration) consenting to substitute the summit of 
the mountains instead of the seaward base, provided always that the 
stipulation as to the extreme distance from the coast to which the lisiere 



188 DIPLOMATIC CORRESPONDENCE 

i.s in any case to nin. bo adopted (which distance I have to repeat to 
your excellency should be made as short as possible), and provided a 
stipulation be iidded that no forts shall be established or fortifications 
erected ])v either party on the summit or in the passes of the mountains. 

As to the second point, it is perhaps, as Count Lieven remarks, new. 
But it is to be remarked, in return, that the circumstances under which 
this additional security is rc(iuired will be new also. 

Bv the territorial uemarcanon am'reed to in this ''Projet,'' Russia 
wilT become possessed, in acknowledo-ed sovereignty of both sides, of 
Bering's Straits. 

The power which could think of making the Pacific a mare clausum 
may not unnaturally be supposed capable of a disposition to apply the 
same character to a strait comprehended between two shores of which 
it becomes the undisputed owner; but the shutting up of Bering's 
Straits, or the power to shut them up hereafter, would be a thing not 
to be tolerated l)V Enghind, 

Nor could we sul)niit to be excluded, either positively or construct- 
ively, from a sea in which the skill and science of our seamen have been 
and arc still em})loyed in enterprises interesting not to this country alone, 
but to the whole civilized world. 

The protection given by the convention to the American coasts of 
oat'h i)ower may (if it is thought necessary) be extended in terms to the 
coasts of the liussian Asiatic territory; but in some way or other, if 
not in the form now prescribed, the free navigation of Bering Straits 
and of the seas beyond them must be secured to us. 

These being the only questions suggested by Count Lieven. I trust I 
may anticipate with confidence the conclusion and signature of the con- 
vention nearly in conformity to the "projef and with little trouble to 
your excellency. 

The long delay of the ship makes it peculiarly satisfactory to me to 
have reduced your excellency's task in this matter within so small a 
compass. 

I am. etc., George Canxixg. 



.^fi'iitdi-aiuhi lit from Count Li&ven on the JSnrth- West Coast Convmtion. 

Le Projct de Convention redige par le Cabinet Anglais fait courir 
la linute des possessions Kusses et Anglaises .sur la cote nord-ouest 
d'Amerique au sud du 3[ont Elie: le hmg de la base des niontagnes qui 
silt I'riit^ lr.s xin uoxlft's de crttc cote. II est a observer qu'en these generale, 
lors<ju'nne chaine de niontagnes sert a fixer une limite quelconque, c'est 
toujours la cinn- de ces niontagnes (lui forme la lip'ne de demarcation. 



Dans le ca.s dont il s'agit ici Ic mot d(^ haxi' par le sens indetini qu'il 
prcscnte. ct Ic plus ou nioins d'extension qu on pent lui donner, ne parait 
giK-iv propre a mettrc la delimitation a ral)ri de toutes contestations 
ullcrieuivs. car d ne scrait point imi)ossil)le, vu le peu de certitude des 
notion.s g('ogniphiqucs(|ue l"on possede encore sur ces parages, que les 
niontagnes designees pour limite s'etendissent par une pente insensible 
jus(|u auxjtords mr-ine de la cote. 

Quant a la clause du meme ^^ Projet,'' avant i)Our but d'assurer aux 
jais.seaux Anglais rentree libre dans la Mer (ilaciale par le Detroit de 
lichring. il seiiil)le en premier lieu que cete condition, entiC'rement 



RELATING TO TREATY OF 1825. 18^ 

nouvelle, est par sa nature etrangore a Fobjet special de la negociation ; 
et les termes g-eneraux dans Icsquels elle est con(,'ue feront peut-etre 
hesiter le Gouvernenient Iini)erial a Tadmettre sans en modifier Tenonce 
actuel pour ne point exposer les cotes de ses possessions Asiati([ues 
dans la Mer Glaciale aux inconveniens qui pourraient naitre de la 
visite des batimens etrangers. 

[Translation.] 

The plan of the agreement drawn up by the English cabinet makes 
the V)oundarv line of the Kussian and English possessions on the north- 
west coast of America, south of Mount Elias, run along tlit hai^t of the 
mountain)^ v^hich follow the sinuosities of the coaxt. It is to be observed 
that, as a general rule, when a chain of mountains serves to fix any bound- 
ary line, it is always the summit of the mountains which constitutes 
the line of demarcation. In the ease now under consideration, the word 
hase^ because of its indefinite meaning and the greater or less expan- 
sion that can be given to it, seems hardly of a nature to fix the bound- 
ary line beyond all further question, for it is certainly not among the 
impossibilities, in view of the uncertain ideas yet prevalent in regard to 
the geography of these regions, that mountains chosen for boundary" 
lines should extend, by an imperceptible declivity, to the very edge of 
the coast. ' 

As to the clause of the same "plan" which has for object to insure 
free entry to English vessels within the Arctic Sea by way of Bering 
Strait, it would seem in the first place that this condition, entirely new 
as it is, is by its very nature foreign to the special purpose of the nego- 
tiation, and the general terms in which it is expressed may perhaps 
make the Imperial Government hesitate to admit it, unless its present 
form is modified so as not to expose the coasts of its Asiatic possessions 
in the Arctic Sea to the difficulties which might arise from the vi^sits 
of foreign ships. 



J/y'. Addingtoii to Jlr. G. Canning. — {Received Sejyttmher 8.) 

No. 39.] Washington, August '2, 1824. 

Sir: A convention concluded between this Government and that of 
Russia for the settlement of the respective claims of the two nations 
to the intercourse with the north-western coast of America reached the 
Department of State a few days since. 

The main points determined by this instrument are, as far as I can 
collect from the American Secretary of State, (1) the enjoyment of a 
free and unrestricted intercourse by each nation with all the settle- 
ments of the other on the north-west coast of America; and (2) a 
stipulation that no new Settlements shall be formed by Russia, south, 
or by the United States, north, of latitude 54- 40'. 

The question of the mare clauxuat, the sovereignty over which was 
asserted by the Emperor of Russia in his celebrated Ukase of 1821, 
but virtually, if not expressh\ renounced by a subsequent declaration 
of that Sovereign, has, Mr. Adams assures me. not been touched upon 
in the above-mentioned Treatv. 

Mr. Adams seemed to consider any formal stipulation recording 
that renunciation as unnecessary and supererogatoiy. 
I have, &c. 

H. U. Addington. 



IVM) DIPLOMATIC CORRESPONDENCE 

aS'/V C. BiKjot to Mr. G. Canning. 

No. 41. 1 St. Peteksburg. Aiuixd 12, 182.',. (Received Sept. 9.) 

Siu: You will certainly learu with consicleni])le surprise that, so far 
from iiaviiiu- it in my power, as I had conlidently hoped that I should 
ha\e. to hrfno- with me on my return to England a treaty signed and 
ratified by the Russian (Government, upon the subject of the northwest 
coasts of "America. 1 am already enal)led to acquaint you that, after only 
two meetings with the Russian plenipotentiaries, I have ascertained 
that it is totally impossible to conclud(> with them any arrangement 
upon the subject which is at all reconcilal)le with the ""projet" trans- 
mitted to me in your dispatch No. 2H of the 12th of last month, even 
if I were to take" upon myself to exercise, upon several points of it, a 
discretion which is not given to me by your instructions. 

To satisfy His Majesty's Government upon this subject, it seems 
onlv necessary that I should transmit to you the inclosed copy of a 
'•contre-projet" ottered to me by the Imperial plenipotentiaries on the 
day after our tirst meeting, viz, on Saturday last, the '21st instant. 

'"riie differences between this "contre-projet" and the "'projet*' 
which I had given in are, in many respects, unimportant, consisting 
either in unnecessary changes in the expressions, or in the order of 
the articles, or in other minor points, none of which, as 1 have reason 
to think, would have been tenaciously adhered to, and of which 
some might have been safely admitted. Rut there are three points 
upon which the differences appear to be almost, if not altogether, 
irreconcilal)le. 

These points are: 

1. As to the opening f'//v/v/' to the connuerce of British subjects of 
the port of Novo Archangelsk. 

2. As to the lil)erty to l)e granted to British sul)jects to navigate 
and trade. /o/v,»V'/- along the coast of the lisiere which it is proposed to 
cede to Russia, from the Portland Channel to the sixtieth degree of 
north latitude, and the islands adjacent. 

3. As to the liberty to be given reciprocally to each power to visit 
for a term of years the other parts of the northwest coasts of America. 

As to the tirst of these points, the Russian plenipotentiaries declare 
that, liowever disposed they might and prol)ably should be to renew 
thi.v liberty to His Majesty's subjects at the expiration of ten years, 
they can under no circumstances consent to divest themselves forever 
of a discretionary power in this respect by granting such a privilege 
in pei'jx'tuity. 

Upon this point 1 reminded the plenipotentiaries that the freedom of 
the port of Novo Archangelsk was originally offered to Great Britain 
by theinselyes, unsolicited and unsuggested by me. in the ffrst ''contre- 
projet" which they gave to me in our former conferences; that the 
same offer had been repeated l)y Count Nesselrode in his dispatch to 
Count Lievenof the .'>th Api-il hist, and that upon neither occasion had 
it been accompanied by any restriction as to any period of time. It is 
admitted to me tliat no period of time was s])eeiHed upon those occa- 
sions, but that it was never intended to declare that the freedom should 
be perpetual, and that they could never l)e induced to grant it upon 
such terms. 

As to the second point: The Russian plenipotentiaries declare that 
tliey are ivady to grant to His Majesty's subjects for ten years, but for 



RELATING TO TRP:ATY OF 1825. 191 

no longer jxn'iod, the lil)erty to navio-ute and trade along- the coast of 
the lisiere proposed to be ceded to Russia, from the Porthmd Channel 
to the sixtieth degree of north latitude, and the islands adjacent, and 
that the^' are ready to grant foret'ev the right of ingress and egress 
into and from whatever rivers may flow from the American continent 
and fall into the Pacific Ocean within the above-described lisiere, but 
that they can, under no circumstances and by no supposed corre- 
spondent advantages, be induced to grant to any power the privilege to 
na\igate and trade in perpetuity within a country the full sovereignty 
of which was to l)elong to Russia; that such perpetual concession was 
repugnant to all national feeling and was inconsistent with the very 
idea of sovereignty. 

As regards the third ]joint, the Russian plenipotentiaries declared 
that the coasts of North America extending from the sixtieth degree 
of North latitude to Bering Straits, the liberty to visit which, under 
certain conditions, is stipulated in the "•projet" by Great Britain, in 
return for a similar lil)erty to l)e given, under the same conditions, to 
Russian sul)jects to visit the North American coasts belonging to His 
Majesty, are and have always been the absolute and undisputed terri- 
tory of His Imperial Majesty, and that it is not the intention of His 
Imperial Majesty to grant to any power whatever for any period of 
time the liberty which is required. 

These are the three principal points upon which 1 was yesterday dis- 
tinctly given to understand that the Russian Government would con- 
sider it their duty to insist, and consequently that, unless my instruc- 
tions should enable me to modify the " projef so far as regarded them, 
the negotiations must be considered as at an end. 

It is, 1 believe, scarcely necessary that, after having stated this, I 
should trouble you with any further observations upon the subject. 

The other differences wdiich exist between the "projet" and the 
^'contre-projet," though numerous, are, as I have said before, of minor 
importance, and such as would, 1 think, have been easily adjusted. 
What they are will be best shown by the ''contre-projet" inclosed. 

I hope ithat His Majesty's Govermnent will give me credit for not 
having too hastily supposed that the objections urged by the Russian 
plenipotentiaries were insurniountal)le. I am, I think, too well 
acquainted with, and have too long negotiated upon, this subject to 
have deceived myself in this respect, and I am fully persuaded, from 
what has passed between Count Nesselrode, M. Poletica, and myself 
since the arrival of your instructions, that the determination of the 
Russian Government is now taken rather to leave the question unsettled 
betw^een the two Governments for any indefinite time than to recede 
from their pretensions so far as thev regard the three points which I 
have particularly- specified. 

In closing yesterday the conference, which assured me that all fur- 
ther chance of negotiation was. for the present at least, terminated, I 
thought it my dul:y to remind the Russian plenipotentiaries that the 
maritime jurisdiction assumed hy Russia in the Pacific, which he had 
hoped to see revoked in the simplest and least unpleasant manner b}- 
mixing it with a general adjustment of other points, remained, bv the 
breaking off of our negotiations, still unretracted; and that my Gov- 
ernment would probably ]>e of opinion that upon that part of the ques- 
tion some arrangement nuist l)e entered into. 

It may l)e proper to add that, in reference to the sixth article of the 



192 DIPLOMATIC CORRESPONDENCE 

" c'ontre-projet,'' I gave the Rii.ssian plenipotentiaries dif^tinctly to 
unflerstand that neither His Majesty's Government nor those of the 
other maritime powers of the world would, as I thouoht, be likely to 
aceept the free navigation of Bering Straits as a concession on the part 
of Kussia. 

I have, etc., Charles Bagot. 



[Inclosure.] 

Counier-Draft of the Buman Plenipotentiaries. 

. Sa Majeste I'Empereur de Toutes les Kussies et Sa Majeste le Roi du Royaume-Uni 
de la Grande Bretagne et de I'lrlande voulant resserrer les liens d'amitie et de bonne 
intelligence (lui les unisyent, moyennant iin accord qui regleniit, d'apres le principe 
des convenances rccipro(jues, les limite;^ de leurg possessions et Etablissemens sur la 
Cote nord-ouest de rAnierique, ainsi que differens points relatifs au commerce, a la 
navijration, et aux pecheries de leurs sujets sur I'Ocean Pacifique, ont nonmie des 
Plenipotentiares pour I'onclure nne Convention a cet effet, savoir, &c., lasquels, 
appres s'etre communique, &c., ont arrete et signe les Articles suivans: 

Akticle I. 

La ligne de demarcation entre les possessions des deux Hautes Parties Contrae 
tantes sur la cote nord-ouest de I'Amerique et les iles adjacentes, sera tracee ains 
qu'il suit: 

A partir des deux points qui torment I'extremite meridionale de I'ile dite du Prince 
de Cialles, laquelle appartiendra tout enti^'re ;i la Russie, points situes sous la paral- 
lele du 54° 40' de latitude nord, et entre les 131° et 133° de longitude ouest (meridien 
de (ireenwich) la ligne de la frontiere entre les possessions Russes et les possessions 
Britanniques remontera au nord par la passe, dite le Portland Channel, jusqu'aui 
point ou cette passe se termine dans I'interieur de la terre ferme au 56° de latitude 
nord. De ce point, elle suivra cette cote parallelement a ses sinuositcs jusqu'au 139° 
de longitude ouest (meme mt'ridien) et dela, la frontiere entre les possessions respec- 
tives sur le Continent Americaln sera formee par la ligne du susdit degre de longitude 
dans sa prolongation jusqu'a la mer Glaciale. 



Article II. 

La lisiere de la cote nord-ouest appartenante a la Russie depuis le Portland Chan- 
nel jusqu'au point d' intersection du 139° de longitude ouest (meridien de Greenwich) 
n'aura point en largeur sur le continent plus de 10 lieues marines a partir du hord 
de la mer. 

Article III. 

II est convenu — 

1. Que ilans les possessions des deux puissances, telles qu'elles sont designees aux 
articles pn'cedens et nonnnement jusqu'a la hauteur du 59° 30' de latitude nord, 
niais pdint au dela, leurs vaisseaux respectifs et ceux de leurs sujets auront pendant 
dix ans a compter du 5(17) avril 1S24, la faculte reciproque de frequenter librement 
les golphes, havres, criques, dans les parties des iles et des cotes, qui ne seraient 
point occupees par des etablissemens soit russes, soit britanniques, et d'y faire la 
pcche et le commerce a vec les naturels du pays. 

'2. (iue partout ou ilyanra un ctalMissenient de I'une des hautes puissances con- 
tractantes, les sujets de I'autre ne pourront y aborder sans la permission du com- 
mandant ou prcpose du lieu, sauf les cas d'accidens ou de tempete. 

... Que 111 )ert(' dc commerce ci-dessus mentionnee ne comprendra ni les liqueurs 
spiritueuses, m les arines a feu et amies blanches, ni la poudre a canon et autres 
inumtions de guerre: tons articles ([ue les hautes puissances contractantes s'engagent 
rcciproqueinent A ne pas laisser ven<he par eurs sujets respectifs aux naturels de la 
cote et des lies nord-ouest de rAmeri(iue. 

4. tine sur la lisiere de la dite cote indiquee en I'Article II de la presente conven- 
tion coimne appartenante a la Kusse les sujets de Sa Majeste Brittannique jouiront 
a perpetmte de la libre navigation des fleuves, soit qu'ils habitent I'interieur du con- 



RELATING TO TREATY OF 1825. 193 

tinent, soit qu'ils veulent y arriver de 1' Ocean Pacifique au moyen de ces memes 
fleuves. 

5. Que le por de Sitka ou Novo-Archangelsk sera ouvert, pendant dix ans, au 
commerce etranger, et qu'u I'expiration de ce terme cette franchise sera renouvelee 
suivant les convenances de la Russie. 

' Article IV. 

A I'avenir il ne pourra, etre forme aucun establissement par les sujets de Sa Majeste 
Britannique dans les limites des possessions russes designees aux Articles I et II et 
de meme il n'en pourra etre forme aucun par les sujets de Sa Majeste I'Empereur de 
toutes les Russies hors des dites limites. 

Article V. 

Les hautes puissance contractantes stipulent en outre que leurs sujets I'espectifs 
navigueront libremient, sur toute I'etendue de I'Ocean Pacifique, tant au nord qu'au 
sud, sans entrave quelconque, et qu'ils jouiront du droit de peche en haute iner, mais 
que ce droit ne pourra jamais etre exerce qu'a la distance de 2 lieues marines des 
cotes ou possessions, soit russes, soit britanniques. 

Article VI. 

Sa Majeste I'Empereur de Toutes les Russies, voulant meme donner une preuve 
particuliere de ses egards pour les interets des sujets de Sa Majeste Britannique et 
rendre plus utile le succes des enterprises, qui auraient your resultat de decouvrir un 
passage au nord du Continent Americain, consent a ce que la liberte de navigation 
mentionnee en 1' Article precedent s'etende sons les memes conditions, au Detroit de 
Behring et a la mer situee au nord de ce detroit. 

Article VII. 

Les vaisseaux Russes et Britanniques naviguant sur I'Ocean Pacifique et la mer 
ci-dessus indiquee, qui seroient forces par les tempetes ou par quelque avarie, de se 
refugier dans les ports respectifs des Hautes Parties Contractantes, pourront s'y 
radouber, s'y pourvoir de tons les objets qui leur seront necessaires et se remettre en 
mer librement, sans payer d'autres droits que ceux de port et de fanaux, lesquels 
seront fixes pour eux du meme montant que pour les navires nationaux. 

En pareilles occasions les patrons des batimens, soit Russes, soit Britanniques, 
seront tenus de se conformer aux lois, Ordonnances, et Tarifs en vigueur dans le port, 
ou ils auront aborde. 

Article VIII. 

Dans tous les cas de plainte sur I'infraction des Articles du present accord, les 
officiers et fonctionnaires publics s'abstiendront de part et d'autre de toute violence 
ou voye de fait, et rendront un compte exact de I'affaire et de ses circonstances a 
leurs Cours respectives, lesquelles termineront le differend a 1' amiable, et selon les 
principes d'une mutuelle justice. 

Article IX. 

La presente Convention sera ratifiee et les ratifications en seront echangees dans 
I'espace de mois, ou plutot si faire se pent. 

En foi de quoi les Plenipotentiaires respectifs I'ont signee, et y ont appose le cachet 
de leurs armes. 

Pait a St. Petersbourg, le , 1824. 

[Inclosure.— Translation.] 

Counter draft oftlte Emsian pleidjjotentiaries. 

His 3Iajesty the Emperor of All the Russias and His Majesty the King of the United 
Kingdom of Great Britain and of Ireland, desiring to draw still closer the ties of 
friendship and of good understanding which unite thefn, by means of an agreement 
which shall settle, upon the basis of reciprocal convenience, the boundaries of their 
j)ossessions and establishments on the northwest coast of America, as well as differ- 
ent points connected with the commerce, navigation, and fisheries of their subjects 

21528—03 20 



194 DIPLOMATIC COREESPONDENCE 

on the Pacific Ocean, have named their plenipotentiaries to conclude a convention 
for this purpose, that is to say, etc., who, after having communicated to each other, 
etc., have decided upon and signed the following articles: 

Article I. 

The line ol demarcation between the possessions of the two high contracting 
parties on the northwest coast of America and the adjacent islands shall be drawn 
in the following manner: 

IVirinniniT at tiie two jioints which form the southern extremity of the island 
called "Prince of AVales's Island," which latter shall belong wholly to Russia, the 
points being situated in the i)arallel of 54° 40^ of north latitude and between the 
181° and i:>3° of west longitude (meridian of Greenwich), the line of frontier 
V)etween the Russian jtossessions and the English possessions shall ascend northerly 
along the channel called Portland Channel as far as the point where this channel 
terniinates in the interior of the mainland (terre ferme) at the fifty-sixth degree of 
niirth latitude. From this point it shall be carried along the coast, in a direction 
parallel to its sinuosities, as far as the one hundred and thirty-ninth degree of west 
longitude (same meri(lian); and from there the boundary line between the respec- 
tive possessions on the American continent shall be formed by the line of the said 
degree of longitude in its extension as far as the Arctic Ocean. 

Article II. 

The lisicre (strip of territory) on the northwest coast belonging to Russia, from 
Portland Channel to the point of intersection of the 139° of west longitude (meridian 
of Greenwich), shall not be wider on the continent than 10 marine leagues from the 
shore of the sea. 

Article III. 

It is agreed — 

1. That in the possessions of the two powers, as they are set forth in the preceding 
articles, and particularly as far as the 59° 30' of north latitu<le but not beyon<l, their 
respective vessels and those of their subjects shall have during ten years, counting 
from the 5th (17th) of April, 1824, the reciprocal right of freely visiting the gulfs, 
havens, and creeks in portions of the islands and coasts which may not be occupied 
by establishments, either Russian or British, for the purposes of fishery and of com- 
merce with the natives of the country. 

2. That wherever there may be an establishment of oiie of the high contracting 
parties the subjects of tlie other shall not land without permission of the governor or 
the authority in charge of the place, except in cases of accident or of storm. 

3. That the above named liljertyof commerce shall not include the trade in spirit- 
uous liipiors, in firearms, side arms, gunpowder, or other warlike stores; all which 
articles the high contracting powers reciprocally engage not to permit to ])e sold by 
their resjiective subjects to the natives of the northwest coast or islands of America. 

4. That on the strip of the said coast indicated in Article II of the present conven- 
tion as l)elonging to Russia the subjects of His Britannic Majesty shall forever enjoy 
the free navigation of the rivers, whether they inhabit the interior of the continent 
or whether they wish to reach the same froni the Pacific Ocean by means of these 
rivers. 

5. That the Port of Sitka or Xovo-Archangelsk shall be opened during ten years 
to foreign commerce, and that at the expiration of this period this privilege shall be 
renewed according to the convenience of Russia. 

Article IV. 

-Nil r.-ialilishiiient shall, in future, be formed by the subjects of His Britannic 
Maje.--ty witliin the limits of the Ru.«sian possessions designated in Articles I and II, 
an<l, m the same way, none shall be formed bv the subjects of His ]\Iajestv the 
hmperor of all the Russias outside of the said limits. 

Article V. 

The high f(jiitracting parties stipulate further that their respective subjects shall 
freely navigati' on all the extent of the Pacific Ocean, as well in the north as in the 
south, without any hindrance whatever, and that thev shall enjov the right of fi.sh- 
ing on the high seas, but that such i-ight shall never be exercised except at the dis- 
tance of 2 marine leagues from either the British or Russian coasts or possessions. 



RELATING TO TEEATY OF 1825. 195 

Article VI. 

His ^Majesty the Emperor of all the Russias, wishing to give a special proof of his 
regard for the interests of the subjects of His Britannic Majesty, and to make more 
effective the success of the enterprises which may result in discovering a passage 
north of the American continent, consents to extend the freedom of navigation 
mentioned in the preceding article, under the same conditions, to Bering Strait and 
the sea lying north of that strait. 

Article VII. 

Russian and British ships navigating the Pacific Ocean and the above-mentioned 
sea, which may be forced through stress of weather or on account of damage to take 
refuge in the respective ports of the high contracting parties, shall be at liberty to 
refit therein, provide themselves with all necessary stores, and put to sea again with- 
■out the payment of any duties except port and light-house dues, which shall be fixed 
for them at the same amounts as those paid by national vessels. 

On such occasions the masters of the ships, whether Russian or British, shall be 
under the necessity of conforming to the laws, ordinances, and tariffs in force in the 
port where they may have landed. 

Article VIII. 

In all cases of complaint as to infractions of the articles of the present agreement, 
the public officers and functionaries on both sides shall refrain from all violence and 
forcible measures, and shall render an exact account of the affair and the circum- 
.stances thereof to their respective courts, which shall arrange the matter in a 
friendly way and according to the principles of mutual justice. 

Article IX. 

The present convention shall be ratified and the ratifications shall be exchanged 
within the jieriod of months, or sooner if possible. 

In witness whereof the respective plenipotentiaries have signed the same and 
have affixed thereto the seal of their arms. 

Done at St. Petersburg, the , 1824. 



Count N^esselrode to Count Lieveii. 

Penza, Atigtist 31, 1821^. (Sent Sept. 13, 1825.) 

Par sa depeche No. 96, V. E. m'avait tranmi.s un office qne lui avait 
adresse Mr. Canning apres avoir discute avec Elle le.s questions de 
limites et de juri diction maritime quMl s'agissait de resondre entre la 
Russie et I'Angleterre sur la cote Nord-Onest de rAmeriqiie. 

Dans cet office Mr. Canning appreciant les dernieres propositions que 
nous avions faites a Sir Charles Bagot, vous annonyait, Mr. le Comte, 
qu'elles seraient acceptees, sauf quelques nuances et quelques clauses 
additionnelles qui ne changeraient en rien le fond de notre projet 
d'ari'angement. 

Ces clauses devaient consister dans la definition plus precise de la 
lisiere que nous possederions sur le continent Americain, dans la fixa- 
tion d'un degre de longitude plus occidental, apartir du Mont St. Elie. 
et dans la libre navigation des fieuves, mers, detroits et anses que com- 
prendraient les domaii>es de S. M. 1. 

C^lomme nous avions deja declare anterieurement que I'oukase du4r/l6 
Septembre, 1821, ne s'executerait pas en ce qui concernait Fetendiie de 
cent milles en mer dont il interdisait la navigation aux vaisseaux 
etrangers, que d'une autre part nous nous etions empresses nous- 
memes, d'otf'rir aux sujets de S. M. B. dans nos negociations avec Sir 



196 DIPLOMATIC CORRESPONDENCE 

Charles Baj^-ot, la liberte dc descendre ct de remonter tons Ics tieuves 
qui traverseraiont iiotic territoire sur la cote X. O. : il nous parut que 
les inoditic-ations dosirees par Mr. Canning, ne donneraient lieu a aueune 
diffifulte I't nous nous flattions qu'aussitot que rAuibassadeur d'Angle- 
terre recevrait des instructions definitives, nous pourrions conclure 
avec lui uue transaction egalemont conforme aux droits et aux interets 
des deux Puissances. 

Notre con fiance nous semblait d'autant plus t'ondee que Sir Charles 
Bai;()t nous avait d'eclare a plusieurs reprises, et que Mr. Canning 
re|H'tait dans son otiice ci-dessus inentionne/' que TAngleterre se borne- 
rait a deniander pour son commerce dans ces parages, les privileges 
que la Russie accorderait ou qu'elle aurait accordes a d'autres nations. 
Ce point devait done, suivant toute probabilite, etre aussi facile a reg- 
ler que les autres. 

Ccpcndant trois mois s'ecoulerent sans que les instructions du Pleni- 
l)()tentiaire de la Cour de Londres, lui fussent expediees, et lorsqu'elles 
arrivcient cnfin par Tintermediaire de Mr. Ward quelques jours avant 
notrc depart, nous trouvames, a notre grand regret, qu'elles consistaient 
en un projct de Convention, ([ui sous plusieurs rapports tres essentiels 
ctaicnt l)ien loin de remplir notre attente. 

Vous en avez pris, M. le Comte, une lecture rapide, mais pour que 
vous puissiez mieux le juger je vous en adresse une copie. J'ai eon- 
signe dans des notes marginales quelques remarques de detail et je me 
reserve de vous developper dans cette depeche les observations les plus 
iujportantes. celles qui regardent des clauses qu'il nous est complete- 
nient inqjossible d'admettre. 

Ellcs sont au nombre de trois. l"-. La liberte pour les sujets Anglais 
de faire la chasse, la peche et le commerce avec les naturels de pays a 
perpctuite sur toute cette partie de la cote qui forme lesujet de la dis- 
cussion et ({ui sV'tend du 59- de latitude Nord au 5-i' -10'. 

2 '. La liberte pour les sujets Anglais de faire la chasse, la peche et 
le commerce avec les naturels du pays pendant dix ans sur une autre 
partie de nos cotes et de nos lies depuisle 59- de latitude Nord jusqu'au 
detroit de Behi'ing. 

3-. L'ouverture a peipepuitc du port de Sitka ou Novo-Archangelsk. 

(id 1 '. Le projct de Convention du Cabinet de Londres ne s'exprime 
pas avec une precision parfaite sur cet article et ce sont nos explications 
verbalc^s aljec Sir Charles Bagot qui nous ont appris que TAngleterre 
reclamait le droit de chasse. de peche et de commerce a perpetuite dans 
cette ixH-tion des domaines de la Russie, mais ces explications ont ete 
si positi\es qu'elles ne nous ont laisse aucun doute sur les desirs du 
Cabinet Britannique. 

Pour savoir si nous n'avions pas lieu d'en etre etonnes et s'il nous est 
possible d;v condescendre, il suffit de relire d'un cote le passage de 
Tortice de Mr. Canning, que j'ai cite ])his haut, et de jeter les yeux de 
1 autre sur notre Convention avec les Etats-Unis. 

Le i)rineipal Secretaire d'Ktat de S. M. B. Vous a declare officielle- 
nient et par ecrit (jue TAngleterre reclamerait de notre part des privi- 
leges de eonnneive sejnblables li ceux (jue nous^accorderions a d'autres 
1 uissaiiees. Or les ?:tats Unis sont la seule Puissance ii laquelle nous 
en ayons jamais accorde et ceux que nous leur avons garantis par la 
( onveution du .") IT Avril de Tannee courante ne doivent durer que 
dix ans. 

" See Note A. 



EELATIISa TO TREATY OF 1825. 1^7 

N0U8 satisferions done aux demandes que rAiig-leterre elle inrMiie nous 
a onnoncees, en lui o-arantissant pour le nieme espace de terns, les monies 
privileges. Connnent pourrions-nous d'ailleurs conscntir, sous ce rap- 
port en faveur des sujets Britanniques, a des prerog-atives que nous 
venous de refuser aux sujets Americains. Les sujets Britanniques, 
nous ne saurions trop le repeter, n'ont jamais pousse ni leurs etat)lisse- 
mens ni leurs operations de eommerce jusquTi la cote N. O. Le temoign- 
age des cartes les plus recentes publiees en Angleterre revele et demontre 
ce fait. Si les Compagnies de la Baie d'Hudson et du N. O. approchent 
de la cote ce n'est que depuis trios ans a peine, tandis que les sujets 
Americains ont constamment frequente ces parages et ce sont leurs 
entreprises qui ont fait naitre les discusi^ions que nous travaillons a 
terminer. Nous serait-il possible apres cela, quand meme nos interets 
nous le permettraient, de leur donner pour dix ans ce que nous donne- 
riens a perpetuite aux sujets Britanniques. 

Nous avons bien voulu supposer que malgre une prise de possession 
f ormelle, une longue occupation des points principaux, une exploitation 
l)aisible des sources de revenu et de richesse qu'oflrent les contrees 
dont il s'agit les droits de souverainete de la Russie jusqu'au 51- de 
latitude Nord pouvaient etre la matiere d'un doute. Nous les avons 
bornes en consequence au 54^ 40' et pour quMl ne put s'elever a cet 
egord aucune reclamation nouvelle, nous avons permis que sur toute 
Tetendue de cote oii nos droits avaient ete contestes, une des Puis- 
sances avec laquelle nous etions en litige, partageat pendant dix ans 
les benefices de la chasse, de la peche et due commerce avec les indi- 
genes. Nous oti'rons les memes avantages a 1' Angleterre, mais les 
accorder a perpetuite, ce serait n'obtenir la reconnaissance de nos titres 
de souverainete que por en abdiquer Texercice, ce serait consentir 
a ne posseder desormais que de nom ce que nous possedons de fait 
aujourd'hui. 

Le Ministere Ang-lais sera f rappe de ces considerations, et nous osons 
croire que des lors il reduira les demandes renfermees dans son projet 
de Convention touchant les privileges de commerce, aux termes de ses 
declarations anteri cures. 

Ad. 2. Outre la faculte de faire la chasse, la peche et le commerce 
a perpetuite sur la partie de la cote N. O. qui nous appartiendrait 
depuis le 54° 40' de latitude Nord jusqu'au 59°, le Ca])inet de St. James 
selon le sens que Sir Charles Bagot attachait a ses propositions, reclama 
la meme faculte pour dix ans sur la cote et les lies qui s'etendent du 
59-' au detroit de Behring. 

Ici nous citerons encore I'ofiice que Mr. Canning vous a adresse. M. le 
Comte. en date du 29 Mai." 11 y est dit (|ue rAngleterre demanderait 
le libre usage de tons les Heuves qui traverseraient la lisiere de cote 
appartenante a la Russie, et de toutes les mers, detroits, bales, etc., 
etc., qui se trouveraient dans ses domaines. * * * Quelques lignes 
plus bas I'office du principal Secretaire d'Etat ajoute qu'il regarde 
comnie entendu et stipule que la Russie retire toutes les pretensions 
exclusives qu'elle avait mises en avant dans Toukase de 1821, relative- 
ment Ti la narigation et a la juridiction de TOcean Paciticiue du Nord. 
Quand on compare ces deux demandes qui se suivent de si pres et qui 
s'expliquent et se complettent pour ainsi dire. Tune par Tautre, il est 
difKcile d'v trouver autre chose que la libre navigation des eaux et des 

« See Note B. 



198 DIPLOMATIC CORRESPONDENCE 

luers qui baigneraient les possessions de la Russie. Or cette liberte, 
nous nous somnies toujours montrcs prets a la garantir. Des ordres 
difforeiis do la tenour de Poukaso du 4 10 Septembre 1821, ont ete 
t'xpi'dii's a nos croisieres des rouverture des pourparlers, et nous nous 
oiiuat-vrions volontiers par des stipulations formelles a laisser de.sor- 
inulsles vaisseaux etrangers naviguer sans entravessur toute I'etendue 
de rOcean Paeiti(iue Septentrional, en eirconscrivant Texerciee de nos 
droits de juridiction maritime a la distance de deux lieues marines de 
nos etal)lissemens et de nos cotes jusques et }' compris le detroit de 
Behriiig. comme le propose le projet de Convention^ envoye par le 
Cal)inet de St. James, mais quant a la chasse, a la peclie et au eom- 
meree avee les naturels du paj'S nous ne pouvons nous empecher 
d'etablir uue distinction importante. 

Les titres de souverainete de la Russie sur la cote N. O. lui out ete 
disputes a partir du 59^ de lat. N. En consequence depuis ce degre 
juscju'a la parallele qui t'ormerait notre limite meridionale, nous nous 
somnies empresses d'oilrir des avantages particuliers aux Puissances 
avec lesquelles nous etions en discussion. Nous avons accorde pour 
dix ans aux Americains le droit de peche de chasse et de commerce 
avec les naturels du pays et nous souscirons la meme concession en 
faveur des sujets de S. M. B. mais il doit etre Men entendu que cette 
concession ne comprendra que Fespace rent'erme entre le 59^ et la 
limite meridionale de notre territoire c. a. d. le 51"-^ 40', car au nord du 
59' les titres de souverainete de S. M. I. n'ont jamais ete mis en doute, 
non seulement dans aucim ecrit officiel, mais encore dans aucun des 
articles que les feuilles d'Angleterre et d'Amerique ont publics sur 
cette (juestion. Pour pen qu'on veuille peser une circonstance aussi 
decisive pretendra-t-on que nous placions sur la meme ligne les domaines 
disputes et ceux qui ne le sont pas, que nous nous soumettions pour les 
uns et les autres aux memes sacritices que nous excitions les justes 
alarmes de notre Compagnie Americaine et qu'en ouvrant la chasse la 
peche et le commerce avec les naturels du pays pour dix ans, nous 
('X];)osions Ti une mine totale des establissemens dont le noml)re aug- 
nieiite de jour en jour dans des contrees qui nous appartiennent a tons 
les titres. qu'assurent une premiere decouverte, une occupation imme- 
diate (^t nn^Ue (|ui comte prcs d'un siecle, et une possession paisible con- 
trc laquellc aucune Puissance n'a jamais reclame. Certes dans cette 
partie clo ses domaines la Russie a bien le droit de ne prendre pour 
guide de ses reglemens de commerce que ses propres besoins et ses 
])ropres convenances. Elle a bien le droit d'y recueillir librement tons 
les i)rotits de la chasse et de la peche et sauf a respecter et a observer 
les princi))es generaux des lois qui prononcent sur les rapports recipro- 
(lues (les nations, elle est maitresse d'v adopter toutes les mesures 
(ju'elle juge utiles ou necessaires. 

("est ainsi qu'elle ne saurait consentir a y admettre la concurrence 
des connnereans chasseurs ou pecheurs etninoers. mais qu'en interdi- 
sant le e(.mmerce. la chasse et la peche elle n'interdira nuUement la 
navigation et (ju'elle bornera Texercice de sa juridiction maritime a deux 
lieues marines de ses cotes et de ses iles. 

ad :y". Lii troisieme clause a laquelle nous ne saurions consentir dans 
le projet de Convention Britanni(|ue, concerne I'ouverture a perpetuite 
du port de Sitka ou Novo-Archangelsk. 

("est nous memes ({ui dans nos negociations avec Sir Charles Bagot 
avons annonce que le Port de Sitka serait ouvert aux vaisseaux et au 



RELATING TO TREATY OF 1825. 199 

commerce etrang-ei's. Nous persistons dans nos intentions :\ cet egard 
mais il nous est impossible de contracter un eng-agement indetini, de 
nous lier les mains pour un avenir sans bornes. Nous pourrions garan- 
tir que le Port de Sitka ne serait pas ferme de dix ans, et au bout de 
dix ans il est probable que nous y laisserions subsister les reglemens 
que nos y aurions introduits. Aller plus loin serait de notre cote un 
acte d'impr«'voyance. Des conjonctions innatendues pourraient nous 
forcer a revoquer ou a modifier ces privileges. C'est une latitude que 
tout Gouvernement doit se reserver en pareille occasion. Nous ne 
voyons pour nous aucune obligation d'y renoncer et nous n'y renonce- 
rions pas sans nous exposer a de graves inconveniens. Nous ne sauri- 
ons done dans oette circonstance sig'ner de stipulacion perpetuelle. 

Tels sont Mr. le Comte, les trois points du projet de Convention Bri- 
tannique, que TEmpereur n'a pas trouves admissibles. Toutes les 
autres propositions de la Cour de Londres out ete acceptees et nous 
avons remis a Sir Charles Bagot le contre projet ci-joint. Ses instruc- 
tions etaient trop precises pour qu'il put consentir a des modifications. 
La seule dont il nous ait parle, se reduisait a stipular I'ouverture du 
Port du Sitka pour ving-t ans, terme qui est encore trop long. II ne 
nous est done reste que la voie des explications directes et nous nous 
plaisons a esperer qu'elles ne seront pas infructueuses. 

Notre contre projet reporte nos limites du 51 degre de Lat. N. au 
54:^ 40'. 11 laisse aux etablissemens que les Compagnes Anglaises 
pourront former un jour sur la cote N. O. tout la territoire situe au 
midi du Portland Channel. II supprime la designation des montagnes 
pour limites de la lisiere de terre ferme ([ue la Russie possederait sur 
le continent Americain, et borne la largeur de cette lisiere a dix lieues 
marines d'apres le desir de I'Angleterre. D'apres son desir encore, il 
ouvre aux sujets Britanniques la navigation de tous les fleuves qui 
traverseraient cette lisiere, entin il leur assure des advantages egaux a 
ceux qu'ont obtenus les sujets des Etats-Unis, et il annulle de fait 
Foukase du -t-lG Septembre, 18:21, en declarant d'une part que nous 
n'exercerons de juridiction maritime qu'a deux lieues de nos cotes et de 
nos iles sur toute Tetendue de nos possessions, et en stipulant d'une 
autre, qu'aucune entrave ne sera mise ni a la libre navigation de 
rOcean Pacifique, ni meme au libre passage du detroit de Behring. 

Dans une negociation qui devait avoir pour base le principe des con- 
venances reciproques nouscroyons qu'il etait difficile de respecter plus 
scrupuleusement toutes celles de I'Angleterre. 

V. E. aura soin de faire apprecier ii Mr. Canning nos vues et notre 
constante moderation. EUe lui representera avec quel empressment 
nous avons admis toutes les demandes de la Grande Bretagne qu'il 
nous etait possible d'admettre, comljien nous avons lieu de nous atten 
dre maintenant a une juste reciprocite, combien notre projet est con- 
forme aux declarations renfernees dans Toflice du principal Secretaire 
d'Etat de S. M. B. en date du 29 Mai, et combien il serait utile en 
adoptant ce contre projet (car nous ne saurions pousser plus loin nos 
sacrifices), de terminer entre les deux Gouvernemens des discussions 
toujours facheuscs et dont on etoufl'erait jusqu'au dernier germe. 

V. E. est authorisee a donner lecture et copie de la presente depeche 
a Mr. Canning, et dans vos entretiens avec ce Ministre vous pourrez, 
Mr. le Comte, ajouter I'observation que par notre Traite avec les 
Etats-Unis en date du yy Avril. nous n'avons jamais entendu leur 
accorder le droit de chasse, de peche etde commerce avec les indigenes 



200 DIPLOMATIC CORRESPONDENCE 

pour dix ans, que duns celles de nos possessions que nous avait ete 
contcstees ou en d'autres termes dans Pespace compris entre le 54^ 40' 
et le 59- 30' de Latitude Septentrionale. 

Note A.— At this point is tlie foUowinji: marginal note: 

"It can hardly be expected that we should not also put in our claim for the like 
pririh'(/i-» of tradi- (is are or mail he xtqinlaled with Jiassia by any other nation.'^ (Ofhce 
de Mr. Canning an Comte de Lieven < n date du 29 Mai 1824. ) 

Note B. — At this point is the following marginal note: 

"In precise and positive stipulation for the free use of all rivers which may be 
foun'd to einptv themselves into the sea within the Russian frontier, and of all seas 
which the limits assigned to Russia may comprehend * * * and we take it for 
granted that the exclusive claims of iiavigation and jurisdiction over the North 
Pacific Ocean, which were put forward in the ukase of September, 1821, are to be 
altogether withdrawn." (Ottice de Mr. Canning au Comte de Lieven en date du 29 
MaiTl824.) 



[Translation.] 

Count Nesselrode to Count Lieven. 

Penza, August 31, 18U. (Sent Sept. 13 25.) 

In your despatch No. 96, your excellency sent me a memorandum 
which Mr. Canning- had addressed to you, after discussing with you 
the questions of l)()undar\' and maritime jurisdiction which were to be 
settled between Russia and England on the northwest coast of America. 

In that memorandum, Mr. Canning, in discussing- the last propo- 
sitions which we had made to Sir Charles Bagot, informed you, M. le 
Comte. that they would be accepted, with the exception of some shades 
of ditierence and some additional clauses, which would not change in 
the least the suljstance of our draft of settlement. 

These clauses were to consist of a more exact description of the strip 
which we were to possess on the American continent, the selection of 
a degree of longitude more to the w^est, beginning at Mount St. Elias, 
and the free navigation of the rivers, seas, straits, and bays which the 
dominions of II. I. M. might contain. 

As we have already d«H'lared previously that the ukase of September 
4 (!<)), ISjil. woidd not l)e executed so far as related to the sea limit of 
loo miles within which it prohibited the navigation of foreign vessels; 
as, on the other hand, we ourselves had hastened to otier to the sub- 
jects of His Britannic Majesty, in our negotiations with Sir Charles 
Bagot, liberty to descend and to ascend all the rivers which might 
cross ()ur territory on the northwest coast, it seemed to us that the 
modifications desired by Mr. Canning would not inv^olve any difticulty, 
and we flattered ourselves that so soon as the English ambassador 
should receive tinal instructions we could conclude with him an arrange- 
ment equally conducive to the rights and the interests of both powers. 

Our contidence seemed the better founded in that Sir Charles Bagot 
had declared to us on .several occasions, and Mr. Canning repeated in 
his memorandum mentioned above," that England would confine her- 
self to asking for her commerce in those waters the privileges which 
Kussia might grant or which she might have granted to other nations. 
Ihis point ought, therefore, according to all probabilitv, to be as easy 
to .settle as the others. 

« See Note A. 



RELATING TO TREATY OF 1825. 201 

Nevertheless, three months elapsed before the instructions of the 
plenipotentiary of the Court of London were sent to him, and when, at 
last, they arrived, by the hands of Mr. Ward, a few days before our 
departure, we found, to our great regret, that they consisted of a draft 
of a convention which, in several very essential points, was very far 
from meeting our expectations. 

You have read it rapidly, M. le Comte, but in order that you may 
form a better estimate of it I send you a copy. I have made, in some 
marginal notes, some remarks as to minor points, and I reserve to 
myself the duty of making, in this dispatch, the most important obser- 
vations, those concerning clauses which it is utterly impossible for us 
to accept. 

They are three in numljer: 

1. Liberty to English subjects to hunt, to lish, and to trade with the 
natives of the country, perpetually, on the whole of that part of the 
coast which constitutes the subject of the discussion, and whicli extends 
from 59"^ of north latitude to .54- 40'. 

2. Liberty to English subjects to hunt, to tish, and to trade with the 
natives of the country for ten years on another part of our coasts and 
islands, from 59^ north latitude to Bering Strait. 

3. The permanent opening of the port of Sitka or Novo-Archangelsk. 
As to the first: The draft of convention of the cabinet of London 

does not express itself with perfect precision upon this article, and it 
was only through our oral conversations with Sir Charles Bagot that we 
learned"^that England demanded the right to hunt, to tish, and to trade, 
forever, in that part of the dominion of Russia: but those explanations 
were so positive that they left us in no doubt as to the wishes of the 
British cabinet. 

In order to know whether we had no reason to be surprised at it, and 
whether it is possil)le for us to grant it. it suffices to read again, on the 
one hand, the passage from Mr. Canning's memorandum which I cited 
above, and, on the other hand, to glance at our convention with the 
United States. 

The chief secretary of state of His Britannic ^Majesty has declared to 
you officially and inwriting that P^ngland w^ould ask of us commercial 
iprivileges similar to those which we might grant to other powers. 
Now, the United States is the only power to which we have ever granted 
any, and those which we have guaranteed to her by the convention of 
April 5 (17) of the present year are to last only ten years. 

We would, therefore, satisfy the demands which England herself has 
presented to us by guaranteeing the same privileges to her for the same 
space of time. Besides, how could we consent to grant to British sub- 
jects privileges of this kind which we have just refused to American 
subjects. The British subjects, and we can not repeat this too often, 
have never pushed either their establishments or their commercial opera- 
tions as far as the northwest coast. The evidence of the latest maps 
published in England reveals and proves this fact. If the Hudson 
Bay and the Northwest companies have approached the coast it is only 
within the last three yeai's. whereas the American subjects have con- 
stantly frequented these waters, and it is their enterprises that have 
given rise to the discussions which we are laboring to terminate. 
Would it be possible for us, after this, even if our interests permitted 
it; to give them for ten years [only] what we would give forever to the 
British subjects i 



202 DIPLOMATIC CORKESPONDENCE 

We have been willino- to suppose that, in spite of a formal taking 
possession, a long- occupation of the principal points, and a peaceful 
exploitation of the sources of revenue and wealth presented by the 
countries in question. Russia's rights of sovereignty to the tifty-tirst 
deo-ree of north latitude might be the subject of a doubt. We have, 
consequently. coiiHiukI them to the 54^ 40', and, to prevent any new 
dispute from arising on this point, we have permitted one of the powers 
with which we were in litigation to share for ten years, on the whole 
extent of the coast where our rights had been disputed, the prohts of 
hunting, tishing, and trading with the natives. We offer the same 
advantages to England; but to grant them forever would be to obtain 
the recognition of our rights of sovereignty only to abandon the exer- 
cise of them. It would be consenting to possess hereafter only in name 
what we now possess in fact. 

The English ministry will be struck by these arguments and we 
venture to believe that "it will then bring back to the terms of its pre- 
vious declarations the demands contained in its draft of convention 
with regard to commercial privileges. 

As to 2: Besides the right to hunt, to lish, and to trade forever on 
that part of the northwest coast which would belong to us from 54^ 40' 
of north latitude to 59^, the cabinet of 8t. James, according to the 
meaning which Sir Charles Bagot attached to its propositions, demanded 
the same right for ten years on the coast and islands extending from 
59 - to Bering Strait. 

Here we will again cite the memorandum which Mr. Canning 
addressed to you, 5l. le Comte, under date of May 29." It is there 
stated that England would demand the free use of all the rivers which 
might cross the strip of coast belonging to Russia, and of all the seas, 
straits, bays, etc., which might be within her dominions. * * * 
A few lines farther down the memorandum of the chief secretary" of 
state adds that he considers it to be understood and agreed upon that 
Russia will withdraw all the exclusive claims which she had set up in 
the ukase of 1821 with respect to the navigation and jurisdiction of 
the North Pacific Ocean. When we compare these two demands, which 
follow each other so closely, and which, so to speak, explain and com- 
plete each other, with each other, it is difficult to lind an3'thing more 
in them than the free navigation of the waters and seas bathing the 
possessions of Russia. Now, we have always shown ourselves readj^ 
to guarantee this freedom [of navigation]. 

Orders differing from the tenor of the ukase of September 4 (i(J), 1S21, 
were sent to our cruisers at the ver3^ opening of the negotiations, and 
we would willingly engage, b}^ formal stipulations, to allow foreign ves- 
sels hereafter to navigate the whole extent of the North Pacific Ocean, 
without let or hindrance, confining the exercise of our rights of mari- 
time jurisdiction to the distance of 2 marine leagues from our estab- 
lishments and our coasts, up to and including Bering Strait, as the 
draft convention sent ])y the cabinet of St. James proposes: but as to 
hunting, tishing. and trading with the natives of the countrv, we can 
not avoicl making un important distinction. 

Russia's rights of sovereignty over the northwest coast, beginning at 
59- of north latitude, have beeii disputed. Hence, between that degree 
and the parallel which would form our southern boundary, we hastened 

« See Note B. 



EELATING TO TREATY OF 1825. 203 

to offer special advantages to the powers with which we were in dis- 
pute. We granted to the Americans for ten years the right to fish, 
to hunt, and to trade with the natives of the country, and we will make 
the same concession in favor of the subjects of His Britannic Majesty; 
but it must be well understood that this concession will only comprise 
the space inclosed between latitude 59"" and the southern boundary of 
our territory, to wit, latitude 54^ 40', for to the north of the fifty-ninth 
degree His Imperial Majesty' \s rights of sovereignty have never been 
questioned, not only in no official document, but in none of the articles 
which the English and American newspapers have published on this 
subject. 

If an}^ weight is attached to such a decisive fact as this, will it be 
asked that we shall place the disputed and the undisputed territory on 
the same footing; that we shall submit to the same sacrifices for both; 
that we shall arouse the just alarm of our American company, and that 
by throwing open for ten years the hunting, the fishing, and the trade 
with the natives of the country, we shall expose to total ruin estab- 
lishments which are increasing in number ever^^ day, in regions which 
belong to us by every title that can be conferred b}" a first discover}", 
an immediate and actual occupation of more than a century, and a 
peaceful possession against which no power has ever protested? As- 
suredly, in this part of her dominions, Russia has certainly the right to 
be guided in the enactment of her commercial regulations onh^ by her 
own needs and her own convenience. She has certainly the right there 
to reap freely all the profits of the hunting and fishing, and, provided 
she respects and observes the general principles of the laws governing 
the mutual relations of nations, she is at perfect liberty to adopt there 
all such measures as she may deem useful or necessary. 

For these reasons she can notconsent to permit there the competition 
of foreign traders, hunters, or fishermen; but, while prohibiting trad- 
ing, hunting, and fishing, she will by no means prohibit navigation, 
and she will confine the exercise of her maritime jurisdiction to 2 
marine leagues from her coasts and her islands. 

As to 3: The third clause, to which we can not consent in the British 
draft convention, relates to the opening forever of the port of Sitka or 
Novo-Archangelsk. 

We ourselves, in our negotiations with Sir Charles Bagot, announced 
that the port of Sitka would be open to foreign vessels and commerce. 
We persist in our intentions in this particular, but it is impossiljle for 
us to contract an indefinite obligation, to bind our own hands for an 
unlimited future. We might guarantee that the port of Sitka should 
not be closed for ten years to come, and at the expiration of the ten 
3"ears it is probable that we would allow the regulations which we 
had introduced there to continue. It would be an act of imprudence 
on our part to go any further. Unexpected conjunctures might compel 
us to revoke or to modify such privileges. This is a freedom of action 
that ever}" Government ought to reserve to itself under similar circum- 
stances. We see no obligation on our part to renounce it, and we could 
not renounce it without exposing ourselves to serious embarrassments. 
We can not, therefore, sign any perpetual stipulation on this point. 

Such, M. le Comte. are the three points in the British draft conven- 
tion that the Emperor has found inadmissible. All the other proposi- 
tions of the Court of London have been accepted, and we have deliv- 
ered to Sir Charles Basot the inclosed counterdraft. His instructions 



204 DIPLOMATIC CORRESPONDENCE 

Avere too precise to permit him to consent to any changes. The only 
one of which he spoke to us was continetl to the stipulation of the open- 
ing- of tiie port of Sitka for twenty years, which period was still too 
long. There remained to us. therefore, only the channel of direct 
neg-<)tiations, ajid we take pleasure in hoping that they will not be 
f ruitU'ss. 

Our counterdraft carries our l)Oundary from the fifty-first degree of 
north hititude to 54' 40'. It leaves to the estal)lishments which the 
English companies may form hereafter on the northwest coast all the 
territory situated to the south of Forthind Channel. It abolishes the 
esta])lishment of tlie mountains as the boundary of the strip of main- 
land which Russia would possess on the American Continent, and limits 
the width of this strip to 10 marine leagues, in accordance with the 
Avishes of Kngland. 

Again, in accordance with her wishes, it opens to British subjects 
the navigation of all the rivers crossing this strip. Lastly, it secures 
to them advantages e([ual to those obtained by the subjects of the 
United States, and it virtually repeals the ukase of September 4 (16), 
1821, by declaring, on the one hand, that we will exercise maritime 
jurisdiction only to the distance of 2 leagues from our coasts and from 
our islands, upon the whole extent of our possessions, and by stipu- 
lating, on the other hand, that no obstacles shall be placed in the way 
either of the free navigation of the Pacific Ocean or even of the free 
passage of Bering Strait. 

In a negotiation which should have as its basis the accommodation 
of l)oth parties, we think that it would be difficult to show greater 
respect to the wishes of England. 

Your excellency will be careful to impress upon Mr. Canning our 
views and our constant moderation. You will represent to him with 
what alacrity we have granted all those demands of Great Britain that 
it was possible for us to grant, what good reason we have to expect a 
fair return from her now, how exactly our draft agrees with the 
declarations contained in the memorandum of the chief secretary of 
state of His Britannic Majesty, dated May 29, and how expedient it 
would be to put an end. by the adoption "of this counterdraft (as we 
can not carry our sacrifices any further), to discussions between the 
two (xoveriunents. which are always disagreeal)le, and the verv last 
gerin of which would tlierel)y be destroyed. 

Your exc(dlency is authorized to read this dispatch to Mr. Canning- 
and to give him a copy of it, and in your conversations with that minister 
yoji may adtl, M. Ic Comte, the remark that, in our treaty of April 5 
(17), with the Unitetl States, we only meant to grant her the right of 
fishmg, hunting, and trading with the natives for ten years in those 
of our possessions that had l)een disputed, or, in other\vords, in the 
space comprised between latitude .54' 40' and 59^ 30' north. 

NoTK A.— At this point is the follo\viii<r niar<rinal note. 

'It can hardly he expected that we should not also put in our claim for the like 
prtnUijCK <'J trade ux mr or niaii be stipulated villi Jhissia by any other nation." (Memo- 
ramlinn ot Mr. Canninfr to Count Lieven, dated May 29^ 1824.) 

.NoTK B.— At tins point is the following marginal note. 
In I'recise and ],o.Mtive stipulation for the free use of all rivers which mav be 
lonnc to emptv tlu-inselves int.. the sea within the Russian frontier, and of alfseas 
Vo\. 1 A \"V, ''^''^?'''M*jl^"^^'a»i'WC(imprehend * * * and we take it for 
uanie.1 that the exclusive claims ..f navigation and jurisdiction over the North 
J acihc ( )cean whu-h were i)nt forwar.l in the ukase of September, 1821, are to be 
•'9 T«i4 T "'^''''"'''■"- (^^'■- Canning's memorandum to Count Lieven, dated May 



RELATING TO TREATY OF 1825. 205 

Explanations with regard to Contre-pro^et. 

L'Angleterre persiste ;"i exiger de la Russie la concessions suivantes 

1° La libre navigation des baies anses &c. et le droit de peclie et de chasse ainsi que k 
commerce direct avec les naturels du pai/s a perpetuitc sur toute cette partie de la cote 
N. O. qui forme le territoire conteste depuis le 54° 30^ jusciu'au 60° de latitude, sauf 
les restriction mentionnee dans notre Convention du 5/17 avril avec les Etats Unis, 
relativement aux amies a la poudre et aux liqueurs spiritueuses. 

2" L'ouverture du port de Novo Archaugelsk a perpetuite. 

3° Le droit pour le teme de dix ans de naviguer dans les eaux qui l)aignent la meme 
Cote dupiiis le 60° degre de latitude N. Jusqn'au dctroit de Behring d'y faire la peche et 
de fratiqner avec les naturels du ))ays. 

La seule modification que Sir' Charles Bagot semblat autorise a admettre dans 
I'ensemblede ces pretentions se reduisait a limiter l'ouverture du port de Sitka au 
terme de 20 ans pourvu toutefois que ce terme fut plus long pour les anglais qu'il ne 
le serait pour les americains. 

[Translation.] 
Explanations vjitli regard to Contre-projet. 

England persists in demanding from Russia the following concessions: 

1. The free navigation of the bays, gulfs, etc., and the right to jish, to hunt, and to 
trade directly u:ith the natives of the country forever, on all that part of the northv^-est 
coast constituting the disputed territory, 'from latitude 51° 30' to 60°, subject to the 
restrictions mentioned in our convention of April 5 (17) with the United States con- 
cerning arms, gunpowder, and spirituous liquors. 

2. The opening of the port of Novo- Archangelsk forever . 

3. The right, for the period of ten years, to navigate the waters bathing the said 
coast from the sixtieth degree of north latitude to Bering Strait, to fish there, and to trade 
there with the natives of the country. 

The only modification that Sir Charles Bagot appeared to l)e authorized to admit 
in the whole of these demands was confined to limiting the opening of the port of 
Sitka to the term of twenty years, provided, however, that that term should be 
longer for the English than it was for the Americans. 



Explanations vAth regard to Contre-projet. 

(1) .Irf/er.— Dans Particle correspondant les PP. de Russie ont suprime les mots en 
exercent leur commerce parce qu'il leur a paru que cet article se rapportait prin- 
cipalement a la navigation en haute mer et qu'en haute nier il n'y a pas de commerce 
possible. 

D'ailleurs tout ce qui concerne les relations commerciales se trouve regie par d'autrcs 
articles. 

(2) Art. II. — Cet article est le premier du contre projet Russe. 

Comme des l'ouverture des negociations 1' execution de I'oukase de 18-21 avait ete 
suspendu en ce qui regarde I'exercice de la juridiction maritime, la question territo- 
riale etait la plus essentielle que les deux Puissances eussent a resoudre. 

C'est done par definir les possessions respectives que nous commencions dan notre 
contre projet. 

Les possessions une fois definies viennent naturellement les stipulations relatives 
aux droits qui s'y rattachent et aux privileges qui pourront y etre exerces de part et 
d' autre. 

A ces clauses succedent celles qui ont rapport a la navigation de 1' ocean pacifique 
et qui se rangent toutes sous le meme chef. 

L'ordre des matieres gagne a ce systeme de redation et il nous semble en general 
que I'economie de notre contre projet offrirait plus de clarte. 

Nousavons du reste en changeant leurs places conserve tons les articles du projet 
Brittanique. 

(3) Dans le premier paragraphe de cet article, comme dans 1' art. II, nous avons 
supprime toute mention des montagnes qui suivent les sinuosites de la cote. _ Elle 
devenait inutile du moment ou I'un fixait en lieues marines la largeur de la lisiere 
de terre ferme qui appartiendrait a la Russie. 

(4, 5, et 6) Notre depeche au Cte. de Lieven renferme toutes les explications nt'ces- 
saires quant aux passages soulignes dans ces divers articles. 



206 DIPLOMATIC CORRESPONDENCE 

Tons less autres n'out subi dans notre contre projet que des l(?gers changemens de 
redaction (lui avaient pour but d'y rendre les stipulations encore plus precises et 
plus faciles A saisir dans leur vrai sens. 

[Translation.] 

Explanations with regard to Conire-projet. 

(1) Art. I. — In the corresponding article the Russian plenipotentiaries have sup- 
pressed the words ' ' in carrying on their commerce " ( * ' en exer(;'ant leur commerce " ) , 
because it appeared to them that this article related chiefly to navigation on the high 
seas, and that no connnerce is possible on the high seas. 

Besides, all that relates to commercial relations is settled in other articles. 

(2) Art. 77.— This is Article I of the Russian counter draft. As at the very open- 
ing of the negotiations the execution of the ukase of 1821 was suspended as to the 
exercise of the maritime jurisdiction, the territorial question was the most important 
that the two j)owers had to settle. 

Hence, in our counter draft we began by defining the respective possessions. 

The possessions having been once defined, the stipulations with regard to the rights 
attached to them, and the privileges which may be exercised in them by both parties, 
naturally come next. 

These' clauses are succeeded by those relating to the navigation of the Pacific 
Ocean, and which all fall under the same head. 

The order of sulijects gains by this method of arrangement, and it seems to us in 
general that the plan of our counter draft would present more clearness. 

We have, however, while changing their places, retained all the articles of the 
British draft. 

(3) In the first paragraj)!! of this article, as in Article II, we have suppressed all 
mention of the mountains which follow the sinuosities of the coast. It became use- 
less from the moment that one [of the articles] fixed the width of the strip of main- 
land which would belong to Russia in marine leagues. 

(4, .'), and 0) Our dispatch to Count Lieven contains all the necessary explanations 
with regard to the ])assages underscored in these different articles. 

All the others have undergone, in our counter draft, merely slight changes of lan- 
guage, which were intended to render the stipulations contained in them still more 
precise and more easy to understand in their true sense. 



3L'. G. Canning to Count Lieven. 

Foreign Office, Septemhei' 12, 182J{.. 
M. i.K Comte: It its with great reg-ret, and, I confess, with some sur- 
prise, that I have U^irnt from Sir Charles ]^ao-ot that your court have 
declined to conclude the treaty, the proiect of which "was sent out by 
the Herald. • i j . 

This refusal is the more unexpected, as the chief alterations made 
in the orioinal '' projet" were introduced here (as j^our excellenc^y can 
i)ear witncs.s) at the suggestion of the Kussian plenipotentiaries t^hem- 
selves. 

I have not yet had time to give suthcient consideration to the 'N;ontre- 
l)roj(>t"now presented on the part of those plenipotentiaries to be 
enabled to say positively whether it can be accepted in all its parts. 
Hut I would fam hope that the ditferences between us mav not be 
insurmountable. And I do most earnestlv entreat your excellencv to 
.^ulnml to your court, by your first messenger, the expediencvof send- 
ing to your excellency instructions and full powers to conclude and 
sitrn the treaty here. 

This will .save three months. It will enable us to conclude before the 
meeting of Parliament. And I do assure vour excellencv that, after 
tbe expectations which have been .so often lield out to Parliament of a 



RELATING TO TREATY OF 1825. 207 

speedy and satisfactoiy termination of the discussions respecting the 
ukase of 1821, I can not look forward without uneasiness to the disap- 
pointment of those expectations. 

I know that the ukase is practically suspended; but we have no doc- 
ument to show that it is so; and we have, as your excellency knows, 
purposely al^stained from requiring- an}', in the hope that the subject 
of the ukase would be merged in the larger arrangements respecting- 
the northwest coast of America. 

I write to Mr. Ward in the sense of this letter. And I most anxiously 
wish that no personal delicacj^ may prevent your excellency from 
repeating and enforcing* nn' suggestion. 
1 have, etc., 

George Canning. 



Mr. G. Ckuinlng to Mi\ Ward. 

No. 3.] Foreign Office, Septeniher 13, IS^Jf.. 

Sir: Sir Charles Bagot's despatches of the 26th August were received 
here on the 9th instant, and have been laid before the King. 

The only point on which I have to instruct you, in consequence of their 
arrival, is that of the refusal of the Court of St. Petersburgh to conclude 
and sign the treaty respecting- the northwest coast of America. 

Nothing could be less expected than this refusal, and the grounds of 
it are the more unsatisfactory, as part at least of the stipulations to 
which objection is taken was founded on suggestions of the Russian 
Plenipotentiaries themselves. 

I do not, however, intend that you should enter into argument upon 
this subject with Count Nesselrode, or the minister to whom the Porte- 
feville ma}' be intrusted in his al)sence. What you are to represent, 
and earnestly to urge with the Russian Government, is that they should 
send to Count Lieven instructions and full powers to conclude and sign 
the treaty here. By these means it will still be possible to bring it to 
a conclusion before the meeting of Parliament. And you will assure 
the Russian minister that this consideration weighs with us most par- 
ticularly, because the hope and promise of some amicable and satisfac- 
tory arrangement touching the ukase of 1821 has ])een so often conti- 
dentl}' held out to Parliament that we look forward with great anxiety 
to the discussions which might arise upon a fresh disappointment of 
those expectations. 

I am, etc., George Canning. 



Count Lieven to Count Nesselrode. 

LoxDRES, le 19 sqAerahre 1 octohre 182J^. 

Monsieur le Comte: La veille de son depart pour Plrland, Mr. 
Canning m'a addresse la note ci-jointe. dans la quelle il expose les motifs 
qui font desirer au Gouvcrnement Britannique le transfert a Londres 
de la negociation relative aux possessions des deux Etats sur la cote 
Nord Guest de TAmerique. 

En transmettant cette piece en original a Votre Excellence, je ne 
saurais. Monsieur le Comte, qu'en referer I'objet a la consideration du 
Ministere Imperial. 

J'ai rhonneur, etc. 



OQS DIPLOMATIC CORRESPONDENCE 

[Translation.] 

Count Lieven to Count Wesselrocle. 

London. Sejyteriiher 19 Octoler 1. 182 Jf.. 

MoxsiEUR LE Comte: The day before his departure for Ireland, 
Mr. Canninof addressed iiie the inclosed note, in which he states the 
reasons which cause the British Government to desire the transfer to 
London of the negotiations relating to the possessions of the two 
States on the northwest coast of America. 

In transmitting this document in the original to your excellency, I 
can only. Monsitnir le Comte, refer the subject to the consideration of 
the Imjjerial Ministr}-. 

1 have the honor, etc. 



J//'. G. Ginning to J/r. S. Canning. 

Xo. 1.] Foreign Office, December 8., 182 Jf,. 

Sir: His Majesty having been graciously pleased to name you his 
plenipotentiary for concluding and signing with the Russian Govern- 
ment a convention for terminating the discussions which have arisen 
out of the ]:)ronudgation of the Russian ukase of 1821, and for settling 
the respective territorial claims of Great Britain and Russia on the 
northwest coast of America. I have received His Majest3^"s commands 
to direct you to repair to St. Petersburg for that purpose, and to 
furnish you with the necessary instructions for terminating this long- 
protracted negotiation. 

The correspondence which has already passed upon this subject has 
been suljinitted to your perusal, and I inclose to you a copy — 

1. Of the "'projet '" which Sir Charles Bagot was authorized to con- 
clude and sign some months ago. and which we had every reason to 
expect would have l)een entirely satisfactory to the Russian Govern- 
ment. 

•1. Of a "contre-projef* drawn up bv the Russian plenipotentiaries, 
and presented to Sir Charles Bagot at their last meeting before Sir 
Charles Bagot's departure from St. Petersburg. 

3. Of a dispatch from Count Nesselrode. accompanying the trans- 
mission of the "contre-projet" to Count Lieven. 

In that dispatch, and in certain marginal annotations upon the copy 
of the "projet.*" are assigned the reasons of the alterations proposed 
by the Russian i)leiiip(>tentiaries. 

In considering the cxpt'diency of admitting or rejecting the proposed 
alterations, it will he convenient to follow the articles of the treaty in 
tht> order in which they stand in the English "projet." 

You will observe, in the tirst place, that it is proposed bv the Russian 
plenipotentiaries entirely to change that order, and to transfer to the 
latter part of the instrument the article which has hitherto stood first 
in the "projet.*" 

To that transposition we can not agree, for the verv reason which 
Count Nesselrode alleges in favor of it. viz. that the " economic** or 
arrangement of the treatv ought to have reference to the historv of the 
negotiation. 

The whole negotiation grows out of the ukase of 1821. 



RELATING TO TREATY OF 182o. 209 

So entirely and absolutely true is this proposition liiat the settlement 
of the limits of the respective possessions of Great Britain and Hussia 
on the northwest coast of America was proposed by us only as a mode 
of facilitating the adjustment of the ditierence arising from the ukase 
by enabling the court of Eussia. under cover of the more comprehen- 
sive arrangement, to withdi'aw. with less appearance of concession, the 
offensive pretensions of that edict. 

It is comparatively inditi'erent to us whether we hasten or postpone 
all questions respecting the limits of territorial possession on the con- 
tinent of America, but the pretensions of the Kussian ukase of 1821 to 
exclusive dominion over the Pacilic could not continue longer unre- 
pealed without compelling us to take some measure of public and 
effectual remonstrance against it. 

You will therefore take care, in the first instance, to repress any 
attempt to give this change to the character of the negotiation, and 
will declare without reserve that the point to which alone the solici- 
tude of the British Government and the jealousy of the British nation 
attach any great importance is the doing away (in a manner as little 
disagreeable to Russia as possible) of the effect of the ukase of 1821. 

That this ukase is not acted upon, and that instructions have been 
long ago sent by the Kussian Government to their cruisers in the 
Pacific to suspend the execution of its provisions, is true: but a private 
disavowal of a published claim is no security against the revival of that 
claim. The suspension of the execution of a principle may be perfectly 
compatible with the continued maintenance of the principle itself, and 
when we have seen in the course of this negotiation that the Russian 
claim to the possession of the coast of America down to latitude .51» 
rests in fact on no other ground than the presumed acquiescence of the 
nations of Europe in the provisions of an ukase published by the 
Emperor Paul in the year 18uo. against which it is affirmed that no 
public remonstrance was made, it becomes us to be exceedingly careful 
that we do not. by a similar neglect, on the present occasion allow a 
similar presumption to be raised as to an acquiescence in the ukase of 
1821. 

The right of the subjects of His Majesty to navigate freely in the 
Pacific can not be held as matter of indulgence from any power. Hav- 
ing once been publicly Cjuestioned. it must he publicly acknowledged. 

We do not desire that any distinct reference should be made to the 
ukase of 1821; but we do feel it necessary that the statement of our 
right should be clear and positive, and that it should stand forth in the 
convention in the place which properly belongs to it. as a plain and 
substantive stipulation, and not be V)rought in as an incidental conse- 
cpience of other arrangements to which we attach comparatively little 
importance. 

This stipulation stands in the front of the convention concluded 
between Russia and the Tnited States of America, and we see no rea- 
son why upon similar claims we should not obtain exactly the like 
satisfaction. 

For reasons of the same nature we cannot consent that the liberty of 
navigation through Bering's Straits should be stated in the treaty as a 
boon from Russia. 

The tendencv of such a statement would he to give countenance to 
those claims of exclusive jurisdiction against which we. on our own 
behalf and on that of the whole civilized world, protest. 
21528—03 21 



•JIO DII'LOMATIO CORRESPONDENCE 

No specitii-atit)!! of this sort is found in the convention with the 
Unitotl States of America, :ind yet it can not be doubted that the Anieri- 
cans.consider themselves as secured in the right of navig-ating Bering 
Straits and the sea beyond them. 

It can not be expected that Enghind should receive as a boon that 
which the Tnited States hold as a right so unquestionable as not to be 
worth recording. 

Perhai)s the simplest course after all will be to substitute, for all that 
part of the "projet'' and '"•counter-projet" which relates to maritime 
rights and to navigation, the first two articles of the convention 
already concluded by the Court of St. Peterslnirg with the United 
States'of America in the order in which they stand in that convention. 

Russia can not mean to give to the United States of America what 
.she withholds from us; nor to withhold from us anything that she has 
consented to give to the United States. 

The uniformity of stipulations in pari materia gives clearness and 
force to both arrangements, and will establish. that footing of equality 
between the several contracting parties wliich it is most desirable 
should exist l)etween three powers whose interests come so nearly in 
contact with each other in a part of the glolje in which no other power 
is concerned. 

This tiierefon^ is what 1 am to instruct you to propose at once to the 
Russian minister as cutting short an otherwise inconvenient discussion. 

TIj is expedient will dispose of Article 1 of the " projet "" and of Articles 
V and yi of the ''contre-projet." 

The next articles relate to the territorial demarcation, and upon 
them I have only to make the following observations: 

The Russian pleni})otentiaries propose to withdraw entire!}' the limit 
of the lisierc on the coast, which they were themselves the first to pro- 
pose, viz. the sunnnit of the mountains which run parallel to the coast, 
and which appear, according to the map, to follow all its sinuosities, 
and to sul)stitute generall}^ that which we only suggested as a corrective 
of tiieir tirst proposition. 

^^'e can not agree to this change. It is quite obvious that the bound- 
ary of mountains, where they exist, is the most natural and etfectual 
boundary. The inconvenience against which we wished to guard was 
that which you knowand can thoroughly explain to the Russian pleni- 
potentiaries to have existed on the other side of the American Conti- 
nent, when niountains laid down in a niiipas in a certain given position, 
and assum(>d in faith of the accuracy of that map as a boundary between 
the possessions of England and the'United States turned out to be quite 
diflcrently situated, a discovery which has given rise to the most per- 
plexing discussions. Should the maps be no more accurate as to the 
western than as to the eastern mountains, we might be assignino- to 
Russia immense tracts of inland territory, where we only intended to 
give, and they only intended to ask, a strip of seacoast. 

To avoid the chance of this inconvenience we proposed toqualifvthe 
general proposition "that the mountains should l)e the boundarv.with 
the condition if those mountains should not])e found to extend beyond 
1 < » leagues from the coast. "' The Russian plenipotentiaries uoav propose 
to take the distance invariably as the rule. But we can not consent to 
this change. The mountains, as 1 have said, are a more eligible 
boundary than any imaginary line of demarcation, and, this being 



RELATING TO TREATY OF 1825. 211 

their own original proposition, the Russian Plenipotentiaries can not 
reasonably refuse to adhere to it. 

Where tlie mountains are the boundary, we are content to take the 
summit instead of the '^seaward base" as the line of demarcation. 

I omitted in my last instructions to Sir Charles Bagot, though 1 had 
signitied to Count Lieven, that I intended to require a small extension 
of the line of demarcation from the point where the lisiere on the coast 
terminates in latitude 50 to the northward. The extension required is 
from 189^ to 141^ west longitude, the latter being the parallel which 
falls more directly on ^Nlount Elias. 

With regard to the port of Sitka, or New-Archangel, the oiler came 
originally from Russia, but we are not disposed to ot)iect to the restric- 
tion which she now applies to it. 

We are content that the port shall be open to us for ten years, pro- 
vided only that if an}' other nation obtains a more extended term the 
like term shall be extended to us also. 

We are content also to assign the period of ten years for the recip- 
rocal li])erty of access and commerce with each other's territories,, 
which stipulation may be best stated precisely in the ternjs of article 4 
of the American convention. 

These, I think, are the only points in which alterations nvo r(>quired 
by Russia. And we have no other to propose. 

A "pi-ojet" such as it will stand according to the observations of 
this dispatch is inclosed, which \'ou will understand as furnished to 
you as a guide for the drawing up of the convention, but not as pre- 
scribing the precise form of words nor fettering your discretion as to 
any alterations not varying from the substance of these instructions. 

It will of course strike the Russian plenipotentiaries that by the 
adoption of the American article respecting navigation, etc., the pro- 
vision for an exclusive tishery of 2 leagues from the coasts of our 
respective possessions falls to the ground. 

But the omission is in truth inynaterial. 

The law of nations assigns the exclusive sovereignty of 1 league to 
each power on its own coasts, without any specific stipulation, and 
though Sir Charles Bagot was authorized to sign the convention with 
the specitie stipulation of 2 leagues, in ignorance of what had been 
decided in the American convention, at the time, yet, after that con- 
vention has been some months before the world, and after the oppor- 
tunity of consideration has been forced upon us b}- the act of Russia 
herself, we can not now consent, in negotiating de novo, to a stipula- 
tion which, while it is absolutely unimportant to any practical good,, 
would appear to establish a contrast between the United States and us^ 
to our disadvantage. 

Count Nesselrode himself has frankly admitted that it was natural, 
that we should expect, and reasonaljle that we should receive, at the 
hands of Russia, equal measure, in all respects, with the United States 
of America. 

It remains onl}- in recapitulation, to remind you of the origin and 
l)rinciples of this whole negotiation. 

It is not on our part essentially a negotiation about limits. 

It is a demand of the repeal of an offensive and unjustifiable arroga- 
tion of exclusive jurisdiction over an ocean of unmeasured extent; but 
a demand qualified and mitigated in its manner, in order that its justice 



>212 DIPLOMATIC CORRESPONDENCE 

iimv 1)0 iicknowledg'cd and satisfied without soreness or humiliation on 
the ])art of Russia. 

^^'(' neyotiato about territory to cover the remonstrance upon prin- 
ciple. 

But anv attempt to take undue advantage of this voluntar^^ facilit,y, 
we nuist oppose. 

If the present "projet" is agreeable to Russia, we are ready to 
conclude and sign the treaty. 

If the territorial arrangements are not satisfactory, we are ready to 
postpone them, and to conclude and sign the essential part, that which 
relates to navigation alone, adding an article stipulating to negotiate 
about territorial linu'ts hereafter. 

But we are not i)repared to defer any longer the settlement of that 
essential part of the (juestion, and if Russia will neither sign the whole 
convention nor tliat essential part of it she must not take it amiss that 
we resort to some mode of recording in the face of the world our pro- 
test against the pretentions of the ukase of 1821, and of eti'ectually 
securing our own interests against the possibility of its future operation. 
I am, etc., 

George Canning. 



Mr. S. Canning to Mr. G. Cannhig. 

No. 1;^>.J St. Petersburg, FSniari/ 1 {13), 1825. 

(Received March 2.) 

Silt: I avail myself of the return of the messenger Meates to inform 
you that yesterday evening I had my tirst conference with the Russian 
l)lenip()tentiaries. Count Xesselrode and M. de Poletica. 

After nuituallyconnnunicating our full powers, those of the Russian 
l^lenipotentiaries being the same which were exhibited to Sir Charles 
Hagot. I stated that the '"projet" which I was prepared to give in, 
agreeably to your instructions, respecting the ditferences growing out 
of the imperial ukase of September, 1821, would be found to contain 
fresh proofs of the conciliatory spirit in which His Majesty's Govern- 
ment had directed this negotiation, that it was now time to ])ring the 
negotiation, either in one way or another, to its tinal conclusion, and. 
with tiiis view, His Majesty's ministers, in empowering me to olier a 
new '"projet," had gone at once to the utmost extent'^of concession, 
justified by their senses of duty, in order to remove the objections of 
the Russiun (Jovernment. 

On reading the ''projeC' some difficulties were started and some 
discussion took place; but 1 hold it unnecessarv to trouble vou with 
a niore particular account of this conference as the Russian "plenipo-^ 
tentiaries were not then prepared to express any decided opinion as 
to those parts of the "projet" which do not entirely come uj) to their 
proposals, and I have expressly reserved to mvself the libertv of 
recording my e\])lanations in an official shape in the event of their 
persist mg to object to any essential part of its contents. 

Count Xesselrode said that he hoped to be ready with his answer in 
the course of a week. The Emperor's being again at Czarskoe-Zelo 
tor two or three days may possibly occasion some delay. 
I have, etc.. ' "^ 

Stratford Canning. 



RELATING TO TREATY OF 1825. 213 

Contre-^yvojet sahmltttd hy Stratford Cannhuj Fchraary 1 (13), 1825. 

Sa ]VIajeste le Roi du Royaume Uni de la Grande Bretagne et 
d'Irelande, et Sa Majeste rEinipereur de tontes les Russies desirant 
resserrer les liens de bonne intellig'ence et d'aniitie (|ui les unissent, an 
nioyen d'un accord qui re^-leroit d'apres les principes de convenance 
ri'ciproque, divers points relatifs au Commerce, a la Navigation, et aux 
Pecheries de leurs Snjets sur TOcean Pacitique, ainsi qne les limites de 
leurs Possessions respectives sur la Cote Nord Guest de I'Amerique, 
out nomme des Plenipotentiaires pour conclure une Convention a cet 
effet; savoir, 

Sa Majeste le Roi du Royaume Uni de la Grande Bretagne et 
d'Irelande, et Sa Majeste TEmpereur de toutes les Rus- 
sies lesquels Plenipotentiaires apres s'etre communiques 

U^urs plein pouvoirs respectifs, trouves en bonne et due forme, ont 
arrete et signe les articles suivants: 

Article I. 

II est convenu que dans aucune partie du Grand Ocean, appele com- 
nuinement Ocean Pacitic, les Sujets respectifs des Hautes Puissance^ 
Contractantes ne seront ni troubles, ni genes, soit dans la Navigation, 
soit dans Texploitation de la peche, soit dans la faculte d'aborder aux 
Cotes sur des points qui ne seroient pas dejii occupes, atin d'y faire le 
Commerce avec les Indigenes, sauf toutefois les restrictions et condi- 
tions determinees par les Articles qui suivent. 

Article IL 

Dan la vue d'empecher que les droits de Navigation et de peche 
exercees sur le Grand Ocean par les Sujets des Hautes Parties Con- 
tractantes ne deviennent le pretexte d'un Commerce illicite, il est 
convenu cpie les Sujets de Sa Majeste Britannique niiborderont a 
aucun point ou il se trouve lui Etablissement Russe sans la permission 
du Gouverneur ou Conunandant; et que recipro(|uement les Sujets 
Russes ne pourront aborder sans permission a aucun Etablissement 
Britannique sur la Cote Nord Ouest. 

Article III, 

La ligne de demarcation entre les Possessions des Hautes Parties 
Contractantes situees fsur le Continent et les lies de TAmerique Nord 
Ouest sera tracee ainsi qu'il suit: 

Commenyant du point \e plus Meridional de Flsle dite Prince of 
^Yales., lequel point se trouve sous le Parade le de 5-i degres 40 mi- 
nutes, et entre le 131me et le 133me degre de Longitude Ouest (Meridien 
de Greenwich), la dite ligne remontera au Nord (Tlsle Prince of Wales 
appartenant en entier a la Russie) le long de la Passe, dite Portland 
Channel., jusqu'a ce qu'elle touche a la Cote de terre ferme au 56me 
degre de Latitude Nord, depuis ce point ci, ou la ligne de demarcation 
touche au 56me degre. elle sui\]'a la crete des Montagues dans une 
direction parallele a la Cote, jusipi'au lllme degre de Longitude Ouest 
(Meme Meridien); et delii la ligne Meridienne du 141me degre de Lon- 
gitude Ouest dans son prolongement jusqu'a la Mer Glaciale formera 



•:>14 DIPLOMATIC COKRESPONDENCE 

la fi-ontir-ro entro los Possessions respeetives des deux Puissances; 
pourvu iiranmoin.s, (lui si la Crete des susdites Monta^nes, dans 
(|UcKlue pavtie que oe soit, de leur etendue, so trouvera situee a phis de 
dix lieue^ niaritimos de la Mer Pacilique, la ligne de demarcation, pour 
cet esi)ace. sera \nie ligne })arallele aux sinuo.sites de la Cote, de 
niuniere quo la dite lig-ne de demarcation ne sera en aucune partie a 
])lus de dix lieues de la Cote. 

II est de plus convenu que nul Etablissement ne sera forme par Tune 
des deux Parties dans los limites assig-neos par cet Article ti I'autre; les 
Sujets Hritanniquos ne formerontauoun P]tablissement, soit sur la Cote 
soit sur la lisiere de terre ferme comprise dans les limites des Posses- 
sions Kusses telles qu'oUes sont designees par cet Article; et, de memo, 
mil Ktahlissoment pareil no sera forme par des Sujets Russes au dela 
ties dites limites. 

Article IV. 

II est entendu (pie les Sujets de Sa Majeste Britanniques, soit vonant 
de Tinterieur du Continent, soit arrivant de TOcean Pacifique, jouiront 
a perjx'tuite du droit de naviguer librement et sans molestation quel- 
coiuiiie toutes les Rivieres ou fleuves, qui dans leurs Coiirs a la Mer 
Pacitiipie traver.seront la ligne de demarcation an long de la lisiere de 
Ja Cote indiquee dans 1* Article precedent. 

APtTICLE V. 

II est, neanmoins, entendu (jue pour Pespace de dix Ans, a dater de 
la signature de cette Convention, les Vaisseaux des Hautes Puissances 
ou ceux appartenans a leurs Sujets respectifs, auront egaloment la 
liberte de frequenter, sans molestation quelconque, toutes les Mors 
iiitorieures, los Golphes, Ilavrcs et Criipies dans los parties de la Cote 
inentioiu'os dans TArticlo 3. — pour exercor la pecho, et traiiquer avec 
les Indigenes. 

Article VI. 

Le Port de Sitka ou No^■o Archangelsk sera ouvert au Commerce et 
iiux Vaissoaux des Sujets Pritanni(]ues durant I'ospace de dix Ans a 
dater de rochange des Ratifications do cette Convention. Au cas 



<|u'une prolongation do ce tonne do dix Ans sera accordoe a quolciifautro 
Puissmce. uno pareille prolongation en sera de menie accordoe a la 



re 
pareille prolongation en sera de menie accordoe a la 
( liandc Hictairno. 



Article VII. 

La susdito lil)ei-to do Commerce no sera pas consee ombrasser lo trafic 
(\o^ liqueurs spirituousos. des Amies a feu, des Amies blanches, do la 
poudn^ a canon ou d'autres munitions de guerre, les Hautes Parties 
('ontractantes, sVngagoant rociproquement a ne pas laisser vendre, ni 
ivrer de (iuol(|ue maniore que se puisse otre, aux Indigenes du Pays, 
les AiIkIi'-^ ci-do.ssus inentionnos. 

Articles VIII. 

lout \aisseau Hritanniciuo ou Russe naviguant rOcean Pacifique, 
qui sera torce ])ar des tompotcs, ou par queUpfautio accident a se 



RELATING TO TREATY OF 1S25. 215 

refugier dans les Ports des Parties lespectives, aura la liberie' de s'y 
radouber et s'y pourvoir de toute chose necessaire et se reinettre en 
mer sans payer d'autres droits que ceux de Port et de fanaux, qui 
toutefois n'excederont pas les memes droits paves par les Navires 
Nationaux. Dans le cas, cependant, que le Patron d'un tel Navire se 
trouvera dans la necessito de se defaire d'une partie de ses Marchan- 
dises pour sul)venir a ses depenses, il sera tenu de se conformer aux 
Ordonnances et aux Tarit's de Tendroit oii il aura al)orde. 

Article IX. 

Dans tout cas de plaintes par rapport a I'infraction des Articles de 
la presente Convention, des Officiers employes de part et d'autre sans 
se perniettre, an preala])le, aucune voie de fait, ou mesure de force, 
seront tenus de faire un rapport exact de Tatfaire et de ses Circon- 
stances, a leurs Cours rospectives lesquelles sVugag-ent a le regler selon 
la justice et a Taniiable. 

Article X. 

La present Convention sera rattiee, et les Ratifications en seront 

echang-ees a dans Tespace de Mois, ou plutot si faire se 

pent. 

En foi de quoi, &c. 

Note. — The preceding Projet is in tlie handwriting of George Canning's secretary. 
It contains many annotations, ctirrections, and marginal notes in lead pencil in 
the liand writing of Matnsevich, an othcial of the Russian office and afterwards an 
Ambassador Extraordinary. The following is a copy of the projet, with these cor- 
rections and alterations incorporated. Portions of the original which thus undergo 
alteration are underscored in lead pencil. 

[Translation.] 

C(>ntre-2)rojet siihriittttd hy Stratford Canning, Fihraary 1 {IS),, 1825. 

His Majesty the King of the United Kingdom of Great Britain and 
Ireland and His Majesty the Emperor of all the Russias, desiring to 
draw closer the ties of good understanding and friendship which unite 
them, by means of an agreement which shall settle, in accordance 
with the principles of mutual acconunodation, various points relating 
to commerce and navigation and to the tisheries of their subjects in 
the Pacific Ocean, as well as the boundaries of tlieir respective posses- 
sions on the northwest coast of America, have appointed plenipoten- 
tiaries to conclude a convention for that purpose, to wit: 

His Majesty the King of the United Kingdom of Great Britain and 
Ireland, — — — -, and His Majesty the Emperor of all the Rus- 
sias, , which plenipotentiaries, after communicating to 

each other their respective full powers, found in good and due form, 
have agreed upon and signed the following articles: 

Article I. 

It is agreed that the respective subjects of the high contracting 
powers shall not ))e troul)led or annoyed in any part of the great ocean, 
commonly called the Pacific Ocean, either in navigation or in the 
exploitation of the fisheries, or in the right to land on the coasts at 



21(5 DIPLOMATIC CORRESPONDENCE 

points not ulreadv occupied in order to trade there with the natives, 
subject, however,' to the restrictions and conditions provided in the 
follow in^;- articles: 

Article II. 

With a vi(Mv to prevent the rig-hts of navigation and fishing exer- 
cised in the great ocean hy the subjects of the high contracting partie,^ 
from beconifiig a pretextfor an illicit trade, it is agreed that the sub- 
jects of His Hritaniiic Majesty shall not land at any point where there 
is a Russian establishment without the permission of the governor or 
fonunandant, and that in return Russian subjects shall not land with- 
out pt'rmis-;ion at any British establishment on the northwest coast. 

Article III. 

The line of demarcition between the possessions of the high con- 
tracting parties situated on the continent and islands of northwest 
America shall ])e drawn as follows: 

Beginning at the most southern point of the island called Prince of 
Wales, which point is under the parallel of 54^ 40', and between the 
one hundred and thirty-first and the one hundred and thirty-third 
degree of west longitude (meridian of Greenwich), the said line shall 
ascend to the north (Prince of Wales Island belonging entirely to 
Russia) along the passage called Portland Channel until it touches the 
coast of the maiidand at the fifty-sixth degree of north latitude. Fi'om 
the point at which the line of demarcation touches the tifty-sixth degree 
it shall follow the crest of the mountains, in a direction parallel to the 
coast, to the one hundred and forty-first degree of west longitude, same 
meridian, and thence the meridian line of the one hundred and forty- 
first degree of west longitude, in its prolongation to the Arctic Ocean 
(Icy Sea), shall form the frontier between the respective possessions of 
the two powers: Proridid, JioLcerer. That if the crest of the said moun- 
tains, in any part whatever of their extent, shall be found to be more 
than ten mai-itime l(>agues from the Pacific Seni the line of demarcation 
for that space shall be a line paralhd to the sinuosities of the coast, so 
that the line of demarcation shall not be anywhere more than ten 
leagues from the coast. 

It is agreed, moreover, that no establishment shall be formed by 
either of the two parties within the limits assigned by this article to 
the othei'. British subjects shall not form any establishment, either 
(■)n the eoast or on the strip of mainland ineludcd in the limits of the 
Russian possessions as they are described in this article: and, in the 
same way. no such establishment shall be formed bv Russian subjects 
lieyond the said limits. 

Auticlk IV. 

It is understood that the sul)jectsof His Britamiic Majesty, whether 
coming from the interior of the continent or arriving from "the Pacific 
Ocean, shall i'lijoy forever the right to navigate, freelv and without 
any niol«>station whatever, all the rivers which, in their course to the 
racilic Ocean, cross the line of demarcation along the sti'ip of the coast 
mentioned in the preceding article. 



RELATING TO TREATY OK 1825. 217 

Article V. 

It is, however, understood that for the period* of ten years, to date 
from the signing of this convention, the vessels of the high powers, or 
those l)elonging to their respective subjects, shall have equally the 
right to frequent, without any molestation whatever, all the interior 
seas, the gulfs, havens, and creeks in the parts of the coast mentioned 
in Article III, to carry on fishing and to trade with the natives. 

Article VI. 

The port of Sitka or Novo-Archangelsk shall be open to the connnerce 
and the vessels of British subjects for the period of ten ^^ears, to date 
from the exchange of the ratifications of this convention. In the event 
that a prolongation of this term of ten years is granted to any other 
power, a similar prolongation shall be likewise granted to Great Britain, 

Article VII. 

The above-mentioned freedom of commerce shall not be held to include 
the traffic in spirituous liquors, in tirearms. in side arms, in guni)owder, 
or other numitions of war. the high contracting parties binding them- 
selves nuitually not to furnish the natives of the countiy with the arti- 
cles above mentioned in any manner whatever. 

Article VIII. 

Every British or Russian vessel navigating the Pacific Ocean which 
may be compelled by storms or any other accident to take refuge in 
the ports of the respective parties shall have liberty to make repairs 
and to provide itself there with all necessaries, and to put to sea with- 
out paying any other dues than harbor and light-house dues, which, 
however, shall not exceed the same dues paid by the vessels of the 
country. In case, however, the master of such vessel should lind himself 
compelled to dispose of a portion of his goods to meet his expenses, he 
shall be bound to conform to the ordinances and tariti's of the place at 
which he has touched. 

Article IX. 

In every case of comphunt of the violation of the articles of the pres- 
ent convention, the officials employed on each side shall, without allow- 
ing themselves at tirst any act of violence or employment of force, be 
l)ound to make an accurate report of the matter and the circumstances 
connected with it to their respective courts, which bind themselves to 
settle it in accordance with justice and in an amicable manner. 

Article X. 

The present convention shall be ratilied and the ratitications shall 

be exchanged at within the period of — months, or sooner 

if possible. 

In witness whereof, etc. 



218 DIPLOMATIC CORRESPONDENCE 

.9. Caiitil)i(fs Conti'r-Projrt ai< ultered and corrected hy Matusevich. 

Sa Majeste le Roi da Koyaume Uni de la Grande Bretague^ et de 
rirlande, et Sa Majeste PEnipereur de toutes les Russies de.sirant 
resserrer les liens de bonne intellioence et d'aniitie qui les unissent, au 
nioyen d'un accord qui reg-leroit. d apres le principe des convenances 
reciproques. divers points relatit's au Commerce, a la Navigation, et 
aux Pecheriesde leurs Sujets sur TOcean Paciiique, ainsi que les limites 
de leurs Possessions respectivessur la Cote Nord Quest de rAmerique, 
ont nomme des Plenipotentiaires pour conclure une Convention a cet 

etfet; savoir. 

Sa Majeste le Roi du Rovaume Uni de la Grande Bretagne et de 

rirlande". . 

Kt Sa Majeste TEmpereur de toutes les Russies ^ , les- 

<iuels Plenipotentiaires apres s'etre conununiques leur plein-pouyoirs 
respectifs. trouves en bonne et due forme, ont arrete et signe les 
Articles suivants: 

Article I. 

11 est convenu que dans aucune partie du Grand Ocean, appele com- 
munement Ocean Paciiique, les Sujets respectifs des Hautes Puissances 
Contractantes ne seroht ni troubles, ni genes, soit dans la Navigation, 
soit dans Texploitation de la peche, soit dans la faculte d'aborder aux 
Cotes sur des points qui ne seroient pas deja occupes, atin d\v-faire le 
Commerce avec les Indigenes, sauf toutefois les restrictions et condi- 
tions determinees par les Articles qui suivent. 

Article II. 

Dans la vue d'empecher que les droits de Navigation et de peche 
exerces sur le Grand Ocean par les Sujets des Hautes Parties Con- 
tractantes ne deviennent le pretexte d'un Commerce illicite, il est con- 
veini que les Sujets de Sa Majeste Britamiique n'aborderont a aucun 
point oil il se trouve un Etablissement Russe sans la permission du 
Gonverneur ou Commandant; et(|ue rcciproquement les Sujets Riisses 
lu^ poiirront aboi-der sans permission a aucun Etablissement Britan- 
nicjne sur la Cote Nord Ouest. 

Article III. 

La ligne de demarcation entre les Possessions des Hautes Parties 
Contractantes sur le Continent et les Isles de TAmerique Nord Ouest 
sera ti'acee aiiisi (|u"il suit: 

A y)artii- du point le plus Meridional de lisle dite Prince of W(de.^, 
lequel ])oint se trouve sous la Parallele du 54. degre 40 minutes de lati- 
tude Nord, et entre le 181me et le V^'Mm- degre de Longitude Ouest 
(Meridi(Mi dc (iivenAvicli) la dite ligne remontera au Nord le long de la 
Passe, dite Portia nd. CJianiirl . juscjifa Pendroit oii cette passe se termine 
dans Pintcrieur de la terre ferine au 5»ime degre de Latitude Nord — 
depnis cc dernier point la ligne de demarcation suivra la crete des Mon- 
tagnes daiis une direction ])arallele a la Cote, jusqu'au point d'inter- 
sectKMi de Uln)e degr('> de Lonoitude Ouest (mOme Meridien). 



RELATING TO TREATY OF 1825. 219 

Article IV. 

II est entendu, 1^ que Tile elite Prhicc of Wales iippartieiulra tout 
entiere a la Russie. 

!^"^. Que la lisiere de cote mentionnee ci-dessus qui doit appartenir 
ti cette nienie Puissance et renionter de la parallele du of)" de latitude 
novd au i)oint d'jutersection du 141 de longitude ouest, aura pour 
liuiites la crete des moutagnes ainsi qu'il a ete dit plus haut, mais que 
partout oil la distance entre la crete des montagnes et la nier se trou- 
verait de plus de dix lieues marines la liniite de cette nienie lisiere sera 
formee par une ligne parallele aux sinuosite.s de la cote, et qui ne 
pourra jamais s'eloigner de la mer que de dix lieues marines. 

3". Qu*a partir du point d'intersection du l-iF degre de longitude 
ouest, la ligne de ce meme degre t'orinera dans son prolongement vers 
la Mer Glaciale, la t'rontiere entre les possessions respectivesdesHantes 
Parties Contractantes. 

Article V. 

11 est convenu en outre que nul etablissement ne sera forme par Tune 
des deux parties dans les limites assignees par cet article a Tautre; 
les sujets hritanniqnes ne formeront aucun etablissement, soit sur la 
cote, soit sur la lisiere de terre ferme comprise dans les limites des 
Possessions Pusses telles quVlles sont designees par cet article; et, de 
meme, nul etablissement pareil ne sera forme pai' des sujets russes au 
dela des dites limities. 

Article VI. 

Les sujets de Sa Majeste Britannique qui viendront de Tinterieur du 
Continent, arriver a TOcean Pacitique ou de TOcean Pacitique se rendre 
dans Tinterieur du Continent jouiront a perpetuite du droit de naviguer 
librement et sans entnire quelconque sur tous les lleuves et rivieres 
qui dans leurs cours vers la Mer Pacitique traverseront les limites de 
territoire russe sur la lisiere de la cote indic][uee dans Particle precedent. 

Article VII. 

Pendant Tespace de dix ans, a dater de la signature de cette con- 
vention, les vaisseaux des Hautes Puissances, ou ceux appartenans a 
leurs sujets respectifs, auront egalement la liberte de frequenter sans 
entra^'e ni empechements quelconque. toutes les mers interieures, les 
o'olphes, havres et criques dans les parties de la cote mentionnecs 
dans I'article 3 pour exercer la peche et tratiquer avec les indigenes. 

Article VIII. 

Le Port de Sitka ou Novo-Archangelsk sera ouvert au Commerce et 
aux Vaisseaux des Sujets 15ritanniques durant Tespade de dix Ans ii 
dater de Techange des Ratitications de cette Convention. Au cas 
qu'une prolongation de ce terme de dix Ans soit accorde a quelqu'autre 
Puissance, la meme prolongation sera egalement accordee a la Grande 
Bretaone. 



220 DIPLOMATIC CORRESPONDENCE 

Article IX. 

La susilito liherti' de Conimerco lie s'appliquera point au tratic dct< 
licjiuHirs spiritueu.ses. dcs Armos a feu, dos Armes blanches, de la 
lH)udre a eanon. ou d'autre.s munitions de guerre, les Hautes Parties 
Contnictaiites s'engaoeant reciproiiuement ii ne laisser ni vendre ni 
livi-er de iiuelque nianieie (jue ee puisse etre, aux Indigenes du Pays^ 
les Articles ci-dessus nientionnes. 

Article X. 

Tout \'aissi'uu Hritainii(iue ou Russc naviguant sur FOcean Pacitique, 
((ui sera force par des tenipetes, ou par quelqu' accident de se refugier 
dans les Ports des Parties respectives, aura la liberte de s\v radouber 
et s'v pourvoir de tons les objets qui lui seront necessaires et se remet- 
tre en nier sans payer d'autres droits (jue ceux de Port et de fanaux, 
lesquels seront ])or eux les nienies que pour les Inltiniens Xationaux. 
Si cependant le Patron du Xavirc avarie se trouverait dans la necessite 
de se defaire d'une partie de ses Marchandises pour subvenir a ses 
depenses. il sera tenu de se confornier aux Ordonnances et aux Tarifs 
de Tendroit ou il aura aborde. 

Article XL 

Dans tons les cas de plaintes relatives a I'infraction des Articles de 
la presente Convention, les autorites civiles et militaires des deux 
Ilautes Parties conti'actantes sans se pcrmettre, an prealable, ni voie 
de fait, ni inesure de force, seront tenus de faire un rapport exact de 
Tatiaire et de ses Circonstances, a leurs Cours respectives lesquelles 
s'engagent a la regler a Tamiable et d'apres les principes d'une parfait 
justice. 

Article XIL 

La prosciitc Convention sere ratitiee, et les Ratitications en seront 

eehangees a dans Tespace de niois, ou plutot si faire se 

pent. 

En foi de quoi, c<:c. 

[Traiishitioii.] 

N'. ('(iiuuii(fs cnnfrr-projif, ((!< altered and correcttd hy MatusevJch. 

His .Majesty the King of the Cnited Kingdom of Great Britain and 
Ireland and His Majesty the Enq)eror of ail the Russias, desiring to 
draw closer the ties of good understanding and friendship which unite 
them, by means of an agreement which shall settle, in accordance with 
the i)rincipleof mutual accommodations, various points relating to the 
commerce, the navigation, and the fisheries of their subjects in the 
Pacitic Ocean, as well as the boundaries of their resi)ective possessions 
on the northwest coast of America, have appointed plenipotentiaries 
to conchide a convention for that ])ur])()se. to Avit: 

I lis Majesty the King of tlie Cnited Kingdom of Great Britain and 

Ireland, .and His Majesty the Emperor of all the Rus- 

'^'""'u i ' ^'^^^'^^ l)lenipotentiaries. after communicating to 

j'ach other their i-esp(>ctive full powers, found in good and due form, 
liave agreed upon and sign.nl the following articles: 



RELATING TO TREATY OF 1825. 221 

Article 1. 

It is agreed thiit the respective subjects of the high contracting par- 
ties shall not lie troubled or annoyed in any part of the great ocean, 
commonly called the Pacific Ocean, either in navigation, or in the 
ex]>loitation of the tisheries, or in the right to hind on the coasts at 
points not already occupied, in order to trade there with the natives, 
su])ject, however, to the restrictions and conditions })rovided in the 
following articles. 

Article II. 

With a view to prevent the rights of navigation and fishing exercised 
in the great ocean by the sul)jects of the high contracting parties 
from becoming the pretext for an illicit commerce, it is agreed that the 
subjects of His Bi'itannic Majesty shall not hmd at any point where 
there is a Russian esta]>iishment without the permission of the gov- 
ernor or commandant; and that, in return, Russian subjects shall not 
land without permission at any British establishment on the northwest 
coast. 

Article III. 

The line of demarcation between the possessions of the high con- 
tracting parties on the continent and the islands of Northwest America 
shall be drawn as follows: 

Beginning at the most southern point of the island called Prince of 
WaJex^ which point is under the parallel of b^-' -10' north latitude and 
between the one hundred and thirtv-tirst and one hundred and thirty- 
third degrees of west longitude (meridian of Greenwich), the said line 
shall ascend to the north along the passage called Portland Channel to 
the place where that passage ends in the interior of the mainland, at 
the iifty-sixth degree of north latitude. From this last point the line 
of demarcation shall follow the crest of the mountains in a direction 
parallel to the coast to the point of intersection of the one hundred and 
fortv-tirst degree of west longitude (same meridian). 

Article IV. 

It is understood: 
■ 1. That the island called Prince of Wales shall belong entirely to 
Russia. 

2. That the strip of coast mentioned above, which is to belong to 
this same power, and to ascend from the fifty-sixth degree of north 
latitude to the point of intersection of the one hundred and forty-first 
degree of west longitude, shall have as its boundary the crest of the 
mountains, as has lieen said above, but that, wherever the distance 
between the crest of the mountains and the sea shall be more than 10 
marine leagues, the boundary of this same strip shall be formed by a 
line parallel to the sinuosities of the coast, and which shall nowhere be 
more than 10 marine leagues from the sea. 

3. That, beginning at the point of intersection of'the one hundred 
and forty-first degree of west longitude, the line of that same degree 
shall form, in its pi'olongation toward the Arctic Ocean, the frontier 
between the respective possessions of the high contracting parties. 



222 DIPLOMATIC CORRESPONDENCE 

Article V. 

It is uo-roed, moreover, that no esttiblishnient shall be formed by 
either ofl:he two parties within the limits assigned in this article to 
the other. British subjects shall not form any establishment either 
on the coast or on the strip of mainland included in the limits of the 
Russian possessions as they are described in this article: and, in like 
manner, no such (>stablishment shall be formed by Russian subjects 
l)eyond the said limits. 

Article VI. 

The sul)jectsof His Britannic Majesty who may come from the inte- 
rior of the continent to the Pacific Ocean, or who may go from the 
Pacific Ocean to the interior of the continent, shall enjoy forever the 
rioht to navigate, freely and without any obstacle, all the rivers and 
streams that, in their course toward the Pacific Ocean, may cross the 
limits of Russian ten-itory on the strip of the coast described in the 
preceding article. 

Article VII. 

During the period of ten years, to date from the signing of this 
convention, the vessels of the high i)owers or those belonging to their 
respective subjects, shall have equally the right to frequent, Avithout 
any let or hindrance whatever, all the interior seas, the gulfs, havens, 
and creeks in those parts of the coast mentioned in Article III, in order 
to carry on fishing and to trade with the natives. 

Article VIIL 

The Port of Sitka or Novo-Archangelsk shall be open to the com- 
merce and vessels of British subjects for the period of ten years, to 
date from the exchange of the ratifications of this convention. In the 
event that a prolongation of this term of ten 3^ears should be granted 
to any other power, the same prolongation shall be likewise granted 
to Great Britain. , 

Article IX. 

The at)ov(; freedom of commerce shall not apply to the trafhc in 
spirituous li(iuors, firearms, side arms, gunpowder, or other munitions 
of war. the high contracting parties l)inding themselves mutually not 
to allow to be sold, or to be furnished in any manner Avhatever, to the 
natives of the country the articles above mentioned. 

Article X. 

Hvery British or Russian vessel navigating the Pacific Ocean that 
may l)e compelled by storms or by any accident to take refuge in the 
ports of the respective parties s'^all beat libertv to rcht and to provide 
itself there with everything that it may need and to put to sea again 
without paying any dues except port and light-house dues, which shall 
be tile siune for them as for the vessels of the countrv. If, however, 
th(> master of the damaged vessel should find himself compelled to dis- 
pose of a portion of his goods in order to meet his expenses, he shall 
be required to conform to the ordinances and tariffs of the place at 
which he has touched. 



RELATING TO TREATY OF 1825. 221^ 

Article XI. 

In all cases of complaint with regard to the violation of the articles 
of the present convention, the civil and military authorities of the two 
high contracting- parties, without permitting themselves, beforehand, 
any act of violence or emplojaiient of force, shall be required to make 
a detailed report of the matter and its attendant circumstances to tlieir 
respective courts, which bind themselves to settle it amicably and in 
accordance with the principles of perfect justice. 

Article XIL 

The present convention shall be ratified and the ratifications shall be 

exchanged at within the period of months, or sooner, if 

possible. 

In witness whereof, etc. 



J//'. S. Canning to 2L\ G. Cannuuj. 

No. 15.] St. Petersburg, February 17 {March i), 1825. 

(Received March 21.) 

Sir: By the messenger Latchford I have the honor to send you the 
accompanying convention between His Majest}' and the Emperor of 
Russia respecting the Pacific Ocean and northwest coast of America, 
which, according to your instructions, I concluded and signed last 
night with the Russian plenipotentiaries.'^' 

The alterations which, at their instance, I have admitted into the 
"Projet'" such as I presented it to them at first, will be found, I con- 
ceive, to be in strict conformit}^ with the spirit and substance of His 
Majesty's commands. The order of the two main subjects of our nego- 
tiation, as stated in the preamble of the convention, is preserved in the 
articles of that instrument. The line of demarcation along the strip 
of land on the northwest coast of America assigned to Russia is laid 
down in the convention agreeably to j'our directions, notwithstanding- 
some difficulties raised on this point, as well as on that which regards 
the order of the articles, by the Russian plenipotentiaries. 

The instance in which you will perceive that I have most availed 
myself of the latitude afl'orded by your instructions to bring the nego- 
tiation to a satisfactory and prompt conclusion, is the division of the 
third article of the new "'Projet,"' as it stood when I gave it in,* into 
the third, fourth, and fifth articles of the convention signed bv the 
plenipotentiaries. 

This change was suggested by the Russian plenipotentiaries,^ and at 
first it was suggested in a shape which appeared to me objectionable, 
but the articles as they are now drawn up I hum]>ly conceive to be 
such as will not meet with your disapprobation. The second paragraph 
of the fourth article had already appeared parenthetically in the third 
article of the "Projet." and the whole of the fourth article is limited 
in its signification and connected with the article immediately preced- 
ing it by the first paragraph. 

With respect to Bering- Straits, I am happy to have it in my power 
to assure 3'ou, on the joint authorit}^ of the Russian plenipotentiaries, 

"See ante, page 12. ''See ante, page 213. ''See ante, page 218. 



<22-4 DIPLOMATIC CORRESPONDENCE 

tluit the Emperor of Russia has no intention whatever of maintaining 
anv ex( lusive claim to the navigation of those straits or of the seas to 
the north of them. 

It can not be neeessarv, under these circumstances, to trouble ,you 
with a more particular account of the several conferences which I have 
held with the Russian plenipotentiaries, and it is but justice to state 
that I have found them disposed, throughout this latter stage of the 
negotiation, to treat the matters under discussion with fairness and 
liberalitv. 

As two originals of the convention prepared for His Majesty's Gov- 
ernment are signed by the plenipotentiaries, I propose to leave one of 
them with Mr. Ward'^for the archives of the embassy. 
1 have, etc., 

Stratfokd Canmng. 



Mr. M'tddleton to Mr. Adams. 

No. 43.] St. Petersburg, 17th February^ Ut March^ IS^o. 

(Received May 2.) 

Sir: I have the honor to ac(iuaint you that a convention was signed 
yesterday between the Russian and British plenipotentiaries relative 
to navigation, fisheries, and conmierce in the Great Ocean, and to ter- 
ritorial demarcation upon the Northwest Coast of America. In a con- 
versation held this day with Mr. Stratford Canning I have learned 
that this treaty is modeled in a great degree upon that which was 
signed by me in the month of April last, and that its provisions are as 
follows, to wit: 

The freedom of navigation and tishery throughout the Great Ocean 
and upon all its Coasts: the privilege of landing at all unoccupied 
points; that of trading with the natives; and the special privileges of 
reciprocal trade and navigation secured for ten years upon the north- 
west Coast of America, together with the mutual restrictions prohil)- 
iting the trading in tirearms or spirituous liquors, are all stipulated in 
the Ri'itish as in the American Treaty; and some new provisions are 
made for the privilege of refitting vessels in the respective Ports, and 
no higher duties are to be imposed than upon National Vessels. 

The third article of this convention establishes the line of deraarka- 
tion between the possessions of the two powders upon the Continent and 
Islands, as follows: It liegins at the southernmost point of Prince of 
Wales's Island (a])()ut 54 40'), leaving the whole of that island to Rus- 
sia. It follows the strait called Portland Passage up to the tifty-sixth 
degree; then turns eastward upon that latitude until it touches the 
highest ridge of the chain of mountains lying contiguous to and nearlj" 
l):u-allel with the coast; it follows that ridge up to the sixtieth degree, 
and then takes the direction of that degree of latitude until its inter- 
section with the one hundred and forty-hrst degree of longitude west 
of Greenwich; thence it follows that 'meridian north to the Icy Sea. 
But m case the ridge of the Mountain Iving parallel Avith the Coast shall 
be more than 10 marine leagues from the Shores of the Continent, then 
the distance of Ki marine leagues from the Shore is to l)e considered as 
the boundary of the Russian possessions upon the Continent. 

1 beg h>ave here to repeat an opinion I ventured to express in my 
dispatch No. 88, respecting the policy of establishing a Post upon the 
Contnient somewhere within the Straits of Fuca. The most valuable 
part of the furs procured upon the northwest Coast is obtained in the 



RELATING TO TREATY OF 182r). 225 

interior Seas running- around the cluster of Islands bordering- the 
Coast. I should consider such a post as more important in man}" 
points of view than one upon Columbia River, and as likeh" to have 
a most decisive influence in securing an advantageous settlement of 
limits with England, who wnll be anxious, now that her northern limit 
is established, to settle her southern boundary upon that Coast. 

I have the honor to be, sir, very faithfully, your obedient servant, 

Heney Middleton. 



Count Ne)<selrode to Count Lieven. 

St. Petersbourg, le W^ Fevrier I 3 Mars^ 18^5. 

Monsieur le Comte: Je me felicite de pouvoir annoncer a Votre 
Excellence que mes negociations avec Mr. Stratford Canning relative- 
ment a la cote N. O. de TAmerique. ont ete couronnees de succes. 

Nous venons de signer la convention dont copie ci-jointe. 

Le seul point qui ait donne lieu a quelques ditticultes dans nos dis- 
cussions avec le Plenipotentiaire Britannique avait rapport aux limites 
de la lisiere de cote que la Russie doit posseder sur le continent Ameri- 
cain depuis le 56- de hit. N. jusqu'au point d'intersection du 141"^ de 
lon^. Quest. 

L'Empereur eut trouve plus reciproquement juste, plus egalement 
avantageux, que la frontiere naturelle, formee par les montag'nes qui 
bordent la cote fut adoptee de part et d'autre, comme ligne de demar- 
cation invariable. L'Angleterre y eut gagne partout ou ces montagnes 
se seraient trouvees a moins de dix lieues marines de la mer; la 
Russie partout oii cette distance aurait ete plus grande et vu le peu 
de precision des notions geographiques qu'on possede sur ces contrees 
un tel arrangement eut oflert une entiere parite de chances favorables 
aux deux Parties contractantes. 

Cependant Mr. Stratford Canning ayant declare que ses instructions 
ne lui perraettaient pas d'accueillir les voeux que nous lui avions 
exprimes sous ce rapport, TEmpereur pour donner une derniere preuve 
de ses dispositions amicales a Sa Majeste Britannique, nous autorisa a 
sig-ner Facte en question tel, que j'ai Thonneur de le transmettre a 
Votre Excellence. 

Je lui en enverrai incessamment les ratifications et je profite de cette 
occasion pour Lui accuser la reception de ses depeches du 30 mars 12 
Fevrier que je me suis empresse de porter a la connaissance de 
I'Empereur. 

Recevez, Monsieur le Comte, Tassu ranee de ma haute considera- 
tion. 

[Translation.] 

Count Nesseh'ode to Count Lieven. 

St. Petersburg, February W {March 3), 1825. 

Monsieur le Comte: I congratulate myself on being* able to inform 
3"our excellency that my negotiations with Mr. Stratford Canning with 
regard to the northwest coast of America have been crowned with 
success. 

We have just signed the convention, a copy of which is inclosed. 

The onl}' point that has given rise to any difficulties in our discus- 
sions with the British plenipotentiary related to the limits of the strip 

21528—03 22 



0(5 DIPLOMATIC CORRESPONDENCE 

of coast which Kiissia i.s to possess on the American continent from the 
tiftv-sixth deo-ree of north hititude to the point of intersection of the 
one hundred and fortv-Hrst degree of west lono-itude. 

The Emperor would have found it more mutually just, more equally 
advantaoeous. if the natural frontier formed by the mountains border- 
\no- on the coast were adopted by ])oth parties as the invariable line of 
deniarcation. England would have gained thereby wherever those 
mountains were less than 10 marine leagues from the sea; Russia, 
wherever that distance was greater; and, in view of the want of 
accuracv of the geographical notions which we possess as to these 
countries, such an arrangement would have offered an entire equality 
of favorable chances to the two contracting parties. 

However, Mr. Stratford Canning having declared that his instruc- 
tions did not permit him to entertain the wishes which we had 
expressed to him on this point, the Emperor, in order to give his 
Britannic Majesty a last proof of his friendly feelings, authorized us 
to sign the act in question, such as I have the honor to transmit it to 
your excellency. 

I shall shortly send you the ratilications, and 1 avail myself of this 
opportunity to acknowledge the receipt of your dispatches of March 
30 Eehruary 1:^, which I hastened to communicate to the Emperor. 

Receive, Monsieur le Comte, the assurance of my high consideration. 



Count JVesselrode to Count Lieven. 

St. Petersbourg, le 13 Mars 1825. 

(Received 29 March/ 10 April.) 

Monsieur le Comte: Votre excellence trouvera ci-joint la ratifica- 
tion de la Convention que nous avons conchie avec Mr. Stratford-Can- 
ning, au sujet des possessions respectives de la Russie et de la Grande 
Bretagne, sur la cote N. O. de TAmerique. 

En echangeant cet instrument contre celui qui doit Vous etre remis 
par la Cour de Londres, I'Empereur desire. Monsieur le Comte, que 
Vous observiez a Mr. Canning, qu'il eut ete plus conforme, d'apres 
Topinion de Sa Majeste Imperiale, et aux principes d'une mutuelle jus- 
tice et Ti ceux des convenances reciproqnes, de donner pour frontiere a 
la lisiere de cote que la Russie doit posseder depuis le 56' de lat'"" 
Nord, jusqu'au point d'intersection du 141^ de Ion"" Guest, la crete 
des montao-nes qui suivent les sinuosites de la cote. 

Cette sti])ulation en effet, cut assure aux deux Puissances, uneparfaite 
egalite d'advantages et une limite naturelle. L'Angleterre y eut trouve 
son profit partout oii les montagnes sont a moins de dix lieues marines 
flc la mer, et la Russie, partout ou la distance qui les en separe est plus 
grande. II nous semble que, touchant des contrees dont la geographie 
est encore peu connue, on ne pouvoit proposer de stipulation plus 
(^fiuitable. Votre Excellence ajoutera, que le Plenipotentiaire de S. M. 
Britannicjue ayant declare qu'il se trouvoit dans Timpossibilite d'ac- 
cucillir les vceux que nos lui avons exprimes sous ce rapport, c'est 
uni<|U(Mnent pour donner au Roi d'Angleterre une preuve de Ses dispo- 
sitions amicales, (|ue notre Auguste Maitre nous a permis de signer cet 
article tcl (ju'il existe dans la Convention actuelle. 

L Kinpcreur 8e Hatte que S. M. Britannique appreciera un aussi 
since IV tcmoignage du desir qui nous animoit de terminer des discus- 
sions facheuses et d'en prevenir le retour par une transaction definitive. 



RELATING TO TREATY OF 1825. 227 

Votre Excellence est autorisee a donnor lecture de la presente a M. 
Canning et ii lui en laisser une copie, avec priere de la niettre sous les 
yeux du Roi. 

Kecevez, Monsieur le Conite, Tassurance do ma haute consideration. 

[Translation.] 

Count J^esselrode to Count L'leven. 

St. Petersburg, Marcli 13, 1825. 

(Received March 29 /April 10.) 

Monsieur le Comte: Your excellency will lind inclosed the ratifi- 
cation of the convention which we have concluded with Mr. Stratford 
Canning with regard to the respective possessions of Russia and Great 
Britain on the northwest coast of America. 

Upon exchanging this instrument for that Avhich is to be delivered 
to 3"ou by the Court of London, the Emperor wishes you, Monsieur le 
Comte, to remark to jMr. Canning that it would have been more in con- 
formity, in the opinion of his Imperial Majesty, both with the prin- 
ciples of mutual justice and with those of reciprocal accommodations, 
to give as a frontier to the strip of coast which Russia is to possess 
from the tiftj^-sixth degree of north latitude to the point of intersec- 
tion of the one hundred and forty-tirst degree of west longitude the 
crest of the mountains which follow the sinuosities of the coast. 

This stipulation, in fact, would have secured to the two powers a 
perfect equality of advantages and a natural ])oundary. England 
would have found her profit in it wherever the mountains are less than 
10 marine leagues froni the sea. and Russia wherever the distance 
separating them from it is greater. It seems to us that, in the case of 
countries whose geograph}^ is still little known, no more equitable 
stipulation could be proposed. Your excellency will add that, as the 
plenipotentiary of his Britannic Majesty had declared that he found it 
impossible for him to entertain the wishes which we expressed to him 
on this point, it was solely to give the King of England a proof of his 
friendly feelings that our August Master permitted us to sign this 
article such as it exists in the present convention. 

The Emperor Hatters himself that His Britannic Majesty will appre- 
ciate so sincere a testimony of the desire by which we were actuated to 
put an end to disagreeable discussions, and to prevent a return of them, 
by a definitive compromise. 

Your excellency is authorized to read the present to Mr. Canning, 
and to leave him a copy of it, with the request that he will place it 
before the eyes of the King. 

Receive, Monsieur le Comte, the assurance of mj' high consid- 
eration. 



2Ii\ G. Canning to Mr. S. Canning. 

No. 6.] Foreign Office, March 16, 1825. 

Sir: Your dispatches to No. 13, inclusive, have been received and 
laid before the King. 

I inclose to you a copy of a dispatch received from Mr. Addington, 
bv which vou will see that the Government and Senate of the United 



228 DIPLOMATIC CORRESPONUENCE 

States htivo nitiried the Treaty of Northwest American Boundaries 
and Naviuatioii, wliie-h was iieo-otiated at St. Petersburg last year. 

It is ha~rdlv necessary to point out to you the additional force which 
the conclusion of this 'transaction gives to that part of your instruc- 
tions on the samesul)jcct. which prescribes the demand for this country 
of terms as favorable as those which have been obtained by the United 
States. 

I am. etc.. George Canning. 



Mr. S. Cannhuj to J//'. G. CaimitKj. 

No. 30.] St. Petersburg, April S (15), 1825. (Received May 3.) 

Sir: I beg leave to trouble 3'ou with a few words in acknowledgment 
of your two dispatches, the one containing a copy of a letter addressed 
bv vou to his excellency Prince de Polignac. on the subject of certain 
oyster tisheries lying between the Island of Jersey and the adjacent 
coast of France, and the other inclosing a dispatch from Mr. Adding- 
toii to you. announcing the ratification of the convention concluded 
last year ])etween Russia and the United States, touching the naviga- 
tion of the Paciric Ocean and other matters connected with that subject. 

I trust that the objects to which the communications transmitted with 
those dispatches relate have been found to be sufficiently secured by 
the convention, which, under your instructions, I have signed, during 
my residence here, in concert with the Russian plenipotentiaries. 

With respect to the right of tishing, no explanation whatever took 
])la<'e between the plenipotentiaries and myself in the coui'se of our 
negotiations. As no objection was started by them to the article which 
J ottered in obedience to your instructions. I thought it unadvisaljle to 
raise a discussion on the question; and the distance from the coast at 
which the right of tishing is to be exercised in common passed without 
specification, and consequently rests on the law of nations as generally 
received. 

Conceiving, however, at a later period that you might possibly wish 
to deelare the law of nations thereon, jointly with the court of Russia 
in some ostensil)le shape. I broached the matter anew to Count Nessel- 
rode. and suggested that he should authorize Count Lieven, on your 
imitation, to exchange notes with you declaratory of the law as fixing 
the distance at 1 marine league from the shore. 

Count N'esselrode replied that he should feel eml)arrassed in submit- 
ting this suggestion to the Emperor just at the moment when the rati- 
litations of the convention were on the point of being dispatched to 
London, and he seemed exceedinglv desirous that nothing should hap- 
pen to retard the accomplishment of that essential formalitv. He 
assured me at the same time that his (Government would be content. 
Ml executing the convention, to al)ide by the recognized law of nations, 
and that if any (juestion should hereaftei- })e raised upon the subject. 
H' sh(.uld iiot ivfuse to join in making the suggested declaration, on 
being satisfied that the general ride under the law of nations was such 
as we supposed. 

IIa\ ing no authority to press the point in question, 1 took the assur- 
ance thus given by Count Nesselrode as sufficient, in all probabilitv, 
fo answer every national purpose. 

H''f«Mring to the American treatv. I am assured, as well bv Count 



RELATING TO TREATY OF 1825. 229 

Nesselrode as b}' Mr. Middleton, that the ratitication of that instrument 
was not accompanied with any explanations calcidatcd to modity or 
affect in any way the force and meaning of its articles. But 1 under- 
stand that, at the close of the negotiation of that treaty, a protocol, 
intended by the Russians to tix more specifically the limitations of the 
right of trading with their possessions, and understood ))y the Amer- 
ican envoy as having no such effect, was drawn up and signed by both 
parties. Mo reference whatever was made to this paper by the Russian 
plenipotentiaries in the course of my negotiation with them; and you 
are aware, sir, that the articles of the convention which 1 concluded 
depend for their force entirely on the general acceptation of the terms 
in which they are expressed. 

I have, etc., Stratford Canning. 



Count Lieven to Count NeHselrode. 

LoNDRES, 8' 20 Mai, 1825. 

Monsieur le Compte: Conformement aux ordres de Votre Excel- 
lence je me suis empresse de donner a ]Mr. Canning lecture et copie de 
la Depeche accompagnant Tenvoi de notre Ratitication de la convention 
conclue avec Mr. Stratford Canning ausujet des possessions respectives 
de la Russie et de la Grande Bretagne sur la cote Norde-Ouest de 
TAmerique. 

Avant meme la reception de cette piece, je m'etois fait un devoir 
d'observer au Secretaire d'Etat, combien le refus du Gouvernement 
Anglois de consentir a la tixation de la frontiere au moyen de la crete 
des montagnes qui suivent les sinuosites de la Cote, devoit paroitre rig- 
oureux au Cabinet Imperial, lorsqu'il de s'agit que de Toccupation de 
quelques lieues de terre de plus ou de moins, et qu'une immense 
etendue de pays desert nous separe encore des possessions Angloises. 

J'appelai egalement son attention, sur Tintluence inevitable que la 
roideur que nos avions eprouvee sur un point aussi peu important en 
lui meme, exerceroit sur la conduit des negociations de la meme nature 
que le Gouvernement Anglois alloit etre dans le cas d'entreprendre 
incessamment avec les Etats Unis, auxquels cette circonstance ne m n- 
queroit certainement pas de donner la mesure des difficultes et des pre- 
tentions quMls auront a coml)attre. 

Mr. Canning, en rendant pleine justice aux intentions qui ont deter- 
mine les concessions consentees par notre Cour, dont la marche en 
cette occasion a porte incontestablement Tempreinte des dispositions 
amicales de Sa Majeste I'Empereur vis a vis de TAngleterre, a cherche 
a justitier Finsistance du Gouvernement Brittanique, en m'assurant, 
qu'elle derivoit uniquement du desir sincere de prevenir le retour de 
toute discussion facheuse a Tavenir, et non d'une intention quelconque 
d'acquerir un accroissement de territoire, ou de limiter Textension des 
possessions Russes: Que les contestationes dans les<{uelles le Gouver- 
nement Anglois se trouve engage en ce moment avec celui des Etats- 
Unis, a cause d'une stipulation du traite de Gand, semblable a celle 
proposee par notre Cour et qui lixoit egalement une chaine de montagnes 
pour frontiere entre les possessions des deux Etats, lui avoient demon- 
tre tout rinconvenient d\me delimitation etal)lie sur ce principe, les 
montao-nes s'etant trouvees devier tres considerablement en realite de 



230 DIPL<:)MATIC CORRESPONDENCE 

la direction (jui icui' otoit designee dans les cartes presumees les plus 
correetes et les plus detaillees; Que cet inconvenient s'etant presente 
l()rs(|u"il s'aoissoit de contrees dont la Geographie est bien plus connue 
(|ue celles des regions auxquelles se referent les stipulations de la Con- 
vention du 16 (2s) p'evrier dernier, le Gouvernenient Anglois en insis- 
tant aujourd'hui sur la fixation d'une limite moins indelinie, avoit cru 
(lonner une preuve du prix qu'il attache a prevenir jusquTi la possibi- 
lite d'une discussion sur la teneur de la transaction conclue entre les 
deux Cabinets. 

Ayant echange avec Mr. Canning, dans la journee du 9 Avril, la 
ratitication de notre cour de cet acte, contre celle de Sa Majeste 
Hritaniiicjue. j'ai riionnt'ur de transiuettre ci-joint ce document a votre 
excelli'Mce, accompagne du certiticat d'usage servant a constater 
rechang(> (|ui a eu lieu entre le Secretaire d'Etat et moi. 
►Fai riionneur, etc. 

[Translation.] 

Count Lieren to Count JSesselrode. 

London, May 8 (20), 1825. 

MoxsiKUR LE Comte: In conformity with your excellency's orders 
I hastened to read to Mr. Canning, and to give him a copv of. the 
(lisi)atch accompanying our ratitication of the convention concluded 
with Mr. Stratford Canning with regard to the respective possessions 
of Russia and Great Britain on the northwest coast of America. 

Even before the receipt of that document, I had made it my duty to 
remark to the Secretary of State how ungracious the refusal of the 
English Government to consent to the establishment of the frontier by 
means of the crest of the mountains which follow the sinuosities of the 
i-oast. nmst appear to the Imperial Cabinet when it was merely a ques- 
tion of the occupation of a few leagues of land more or less, and when 
an innnense extent of desert country still separates us from the English 
possessions. 

I likewise called his attention to the influence which the stifi'ness 
which we had expei-ienced upon a point of so little importance in itself 
would inevitably exercise upon the management of the negotiations of 
the same nature which the English Government would shortly be com- 
IH'lled to undertake with the United States, to whom this circumstance 
would certainly not fail to give some idea of the difhculties and claims 
which she will have to combat. 

Mr. Canning, while rendering full justice to the intentions which 
determined the concessions granted ))y our court, whose conduct on 
tins occasion has borne indisputably the stamp of the friendlv feelings 
of His Majesty the Enqx'ror toward England, attempted to justifv the 
persistence of the British Government by assuring me that it arose 
solely from a sincere desire to prevent the recurrence of any disagree- 
able discussion in future, and not from anv intention of accjuiring an 
increase of territory or of limiting the extension of the Russian posses- 
sions; t lat the disputes in which the English Government finds itself 
engaged at this moment with the United States Government, on account 
<)t a stipulation of the treaty of Ghent similar to the one iH'oposed hx our 
fourt, and which likewise fixed a chain of mountains as the frontier 
I "'tween the possessions of the two States, had shown it all the inex- 
pediency of a delimitation established on this principle, the mountains 



RELATING TO TREATY OF 1825. 281 

naving- been found to deviate veiy consideral)ly from the direction 
given them on the maps which were thought to l)e the most correct 
and the most detailed; that this inexpediency having ]3resented itself 
in the case of countries whose geography is much better known than 
that of the regions to which the stipulations of the convention of Feb- 
ruary 16 (28) last relate, the English Government, in now insisting 
upon the iixing of a less vague boundar3% thought that it gave a proof 
of the value which it attaches to the prevention of even the possibility 
of a discussion as to the tenor of the transaction concluded between 
the two cabinets. 

Having exchanged with Mr. Canning, on the 9th April, the ratifica- 
tion of this act by our court for that of His Britannic Majesty, I have 
the honor to transmit that document to your excellency inclosed, 
accompanied by the customary certificate serving to establish the fact 
of the exchange which has taken place between the Secretary of State 
and myself. 

I have the honor, etc. 



Eietract from President Monroeh annnnl h'lessage of December 2, 1833." 

[For full text see Messages and Papers of the Presidents, 17S9-1S97, compiled by James D. Richard 

son.— Washington, 1896.] 



At the proposal of the Russian Imperial Government, made through 
the minister of the Emperor residing here, a full power and instruc- 
tions have been transmitted to the minister of the United States at St. 
Petersburg to arrange V)v amicable negotiation the respective rights 
and interests of the two nations on the northwest coast of this conti- 
nent. A similar proposal had l)een made by His Imperial Majesty to 
the Government of Great Britain, which has likewise been acceded to. 
The Government of the United States has been desirous by this friendly 
proceeding of manifesting the great value which they have invariably 
attached to the friendship of the Emperor and their solicitude to cul- 
tivate the best understanding with his Government. In the discus- 
sions to which this interest has given rise and in the arrangements by 
which they may terminate the occasion has ])een judged proper for 
asserting, as a principle in which the rights and interests of the United 
States are invoU^ed that the American continents, by the free and inde- 
pendent condition which they have assumed and maintain, are hence- 
forth not to be considered as subjects for future colonization by any 
European powers. 

* * ***•&* 

« See reference to this portion of the message by Mr. Middleton, ante, page 77; by 
Mr. Canning, ante, page 147. 



P\PERS RELATING TO A RENEWAL OF THE TRADING 
PRIVILEGE GRANTED TO THE UNITED STATES BY 
THE TREATY OF 18-24. 

Rtport of the Board of Directors of the Russian -American Company. 
Mvemher 27th, 1831^ {No. 1181). 

[Translation.] 

To His Excellency Count Kankreen, 

Imperial Minister of Finance., etc. 

The Chief Manager of the Colonies in America, Post Captain of the 
Navv and Chevalier. Baron ^^'raQg•ell, reports to the Board of Direct- 
ors on April i^sth last that, although the ten years term of the treaty 
concluded l)etween Russia and the United States of America concern- 
ing the navigation of American ships in the waters of the Russian 
dominions in America elapsed on April 5 17 of this 3^ear, the Ameri- 
can captains Snow and Allen answered to his demand in the eftect that, 
not being regularly informed of it by their Government the}^ should 
continue to go from Novo Archangelsk into the Straits. To prevent 
this. Baron Wrangell considered it his duty to inform them b}' letter of 
the expiration of the term fixed by the treaty in order that they should 
not be in a condition to justify themselves by not knowing this law. 

In submitting to Your Excellenc}' herewith a copy of Baron Wran- 
gelTs circular written in French and sent to those Americans; the 
Board of Directors takes the liberty of asking 3'ou not to refuse to 
connnunicate for them with the Government of the United States of 
America, requesting that it should announce to everybody who ought 
to know it. that the term of the aforementioned Convention has 
expired and that the Captains of merchant ships have no right to enter 
within the Russian dominions north of 54^ 41' latitude for carrying on 
commerce Avith the natives. 

Director Andrew Severin. 



[Inclosure to Report of Board of Directors.] 

Sir: As (lovenior of the Russian Colonies in America, and availing myself of your 
entrance into this port, I have the pleasure to inform vou that— according to Art. IV 
of the Convention concluded and rati lied hv His Majestv tlie Emperor of all the 
Kussms ..n one part, and on the other by the Highly Honorable The President of 

Senate, on the 

bays included 

, — - possessions on the North- West coast of America, 

namely: north_ol latitude 54° 40', has ceased for vessels of citizens of the United 



the I niteil Mates of America, with the approval and "consent of the f 
.-> 1, of Apri 1S24— the right of fre(iuenting the gulfs, straits, ports and 
within the limits of the Russian possessions on the North- West coa: 
namely: north of latitude 54° 40^ has ceased for vessels of citize 
States of America, on the 5/17 of April of this vear. 

I consider It my duty to advise you of this fact in order to prev 
ot tlie said (onveutK.n that might occur through ignorance of this 



ent any violation 
circumstance and 
232 



TRADING PRIVILEGE OF UNITED STATES. 233 

to beg you to communicate the contents of this note to all the citizens of the United 
States you may meet in these parts. 

The copy of this circular shall ])e communicated to the United States Congress by 
the Russian Government. 

I have the honor to be, &c. 

(Signed) Baron Wrangell, 

Captain of the Imperial Unman Navy, Knight, 

Governor of the Ruxfiian Colonies in America. 



The Governor of the Russian- Am ericcm Company to the Commmider of 
hrlg " Chichigoff^^ Lieutenant Znreniho^ March 5, ISSo {No. 26). 

[Translation.] 

After having- prepared your vessel for the expedition, I recommend 
you to set sail at the iirst opportunity and direct your course by the 
most convenient route to Tumbaz [Tongas]. 

The aim of your expedition is twofold: 1, The occupation of a sta- 
tion on the frontiers of our straits for the purpose of preventing- the 
foreigners to enter them and to trade with the natives, as they have 
lost the right to do so on account of the expiration of the ten years' 
term of the Convention, as you may see from the enclosed copy. 2, 
For trading with the nati\'es. I deem it necessary to observe the fol- 
lowing with regard to these two points, 

I. Occupation of a station. 

As we may say that the only place in our straits, visited by the for- 
eigners is Tongas, you must select this bav as the place of your 
sojourn. Here you may alwa3's hear from the Kolosh about the 
appearance of some vessel and consequently having your brig always 
ready to set sail, you will always be able to proceed to where the for- 
eigner will show herself. 

Upon receiving from her answers to the questions marked in the 
enclosed papers, you will declare to her that the term of the Conven- 
tion has expired, giving each vessel a letter from the nine copies here 
enclosed (six written for captains of the United States and three for 
the English) and demand that in consequence of this the vessel should 
leave our possessions. Should the captain allege some indispensable 
reason which forced him to enter and to stop, as dire necessity of 
repairs or danger from winds, after having- ascertained the truth of 
the statement you will use all means of giving him aid, in order that 
you may send him out of the strait after having removed the o))stacle. 
It stands to reason that the foreigner must under no circumstances 
carry on trade with the natives. 

If contrary to all expectations, the captain should insist on staying 
and should continue to carry on trade, you in your turn, must not 
employ any violent measures against him, l)ut report his actions to 
the colonial authorities at your earliest opportunity. 

But should insolence go so far that some one should use violence 
against you, it is your duty to repulse it by military measures and 
punish the brigands, maintaining the honor of your Hag and uniform. 
A vessel taken under such circumstances is a legal prize. 

II. Trade with the natives. ' 

It is known to 3'ou that the most important influx of furs to the 
southern parts of our straits is at Tongas and that in April and up 



234 PAPERS RELATING TO RENEWAL OF 

to the middle of Mas' in Tong-as and the neio-hlwring localities all the 
Kolosh are absent as they g-o to Naas with their furs. It is conse- 
quently aV).solutely neces^fary to reach Tongas during March so as to 
catch the inhal)itants on the spot. 

I beg of you to take upon yourself the trouble of overseeing the 
trade and establishing it. You know how important this feature is 
and I hope that, according to your last year's operations in the straits, 
you will teach now also the as 3^et inexperienced factor. I beg- of you 
to maintain the prices current in Stachin and Sitka. 

^ ^ -,r ir -^ 'rr ^ 

You have on board all the merchandise for the Kolosh that we could 
gather. 

When the Tongas inhabitants will have left this place and no for- 
. eign vessels will be seen, sail for the Dvonisius redoubt, deliver your 
cargo destined for this redoubt and return to your station about the 
middle of May when the natives come back for tishing. You may 
require from the redoubt merchandise for the Kolosh should you be 
in need of the same as for example, cotton cloth and tobacco. 

Towards Septeml)er, during that month and October, autumn trade 
gathers at Tongas and its neighborhood, all the furs going now into 
the hands of the British and Americans; I, consequently, recommend 
that you should not leave the straits before having assured yourself 
that the autumn trade is in your hands and that vou need not fear the 
arrival of a foreigner and that there is none in the vicinity. Then 
after having fully completed your mission return to Novo-Archangelsk 
and present a report on your operations to the colonial authorities. 



Report of the Board of IJlrecto7'i< (ftlie Bi/sst'an American Company^ 
to the Department of Trade and Manufactures^ November 26, 1835 
{Xo. 1298). 

[Translation.] 

In consequence of the paper received from the Department of Trade 
and Manufacture with regard to our conventions with England and 
the United States, the Board of Directors, after consideration of the 
circumstances and means which would not injure the essential course 
of business of the Company, laid its opinion for examination before 
Counril instituted by Supi'eme order, and according to the resolution 
of the latter has the honor to forward to the Department of Trade and 
Manufactures the opinion of the Board of Dii'ectors confirmed by the 
Council : (1) with regard to the American Captains who, in spite of warn- 
ing, (-ontinue to navigate as heretofore our waters for the purpose of 
trading with the natives of our possessions, the Company will never in 
any csvse whatsoever, lose sight of Art. XI of the Convention with Great 
Britain, according to the terms of which no forcible measures or vio- 
lence shall be used, and the Board of Directors will report it in detail 
to the authorities and demand protection and defence against such 
violators of international law. (2) When the English and United 
States Americans were allowed by the conventions to navigate within 
the Russian possessions, the Russian- American Company, in order to 
avoid disagreeable and often disastrous consequences from competition 



TRADING PRIVILEGE OF UNITED STATES. 235 

in trade, especially with such captains who would stop at nothing for 
the sake of gain, did not send otf its vessels to the places where the 
foreign ships had their trading dens, 4 to coming ever^^ 3"ear and 
supplying the savages, in spite of the conventions, with liquor, can- 
non, guns and powder; but already before the expiration of the term 
of the conventions, in 1833, the Governor, Baron Wrangell. sent brig 
the Chlehagoff, commanded by his assistant Capt. Lieut. P^tholine, to 
cruise along the boundary of our possessions and grow acquainted with 
the natives, who until then traded solely with the foreigners. Upon 
Mr. Etholine's return, the same mission was entrusted to Lieut. 
Zarembo, and. as may be seen from the reports of these officers, they 
had great difficulty in executing the mission of the (Tovernor in 
spite of great pains, indefatigable patience and consideral)le expense. 
The inhabitants of those localities, the Kolosh, a numerous, warlike 
and impudent people, encited by insinuations of the various competi- 
tors in trade, with regard to Russia's rights to this territor^^ and the 
Russians turning them into slaves, were inculcated with strange sus- 
picions and hostility towards the Russians. Only the ever equitable 
treatment of the above mentioned officers, sacritice of capital for pres- 
ents to the chiefs of the savages, and unwavering honesty in the trade, 
softened at first and then brought them to the necessity of soliciting 
the Governor to establish a settlement among them. On account of 
this request workmen were sent out immediately, and, under super- 
vision of Lieut. Zarembo, a redoubt was erected at the mouth of the 
river Stikine, in the latitude of 56- 40' N. and longitude 132^ 10' W. 
of Greenwich. Upon the completion of this tirst settlement, the 
safety of the same by means of mutual and prompt reinforcements, as 
well as the continuous maintenance of trade with the natives, demand 
that a chain of stations l)e established from the most southern redoubt 
of our possessions, St. Dyonisius at Stikine, to the north to the Chil- 
kat Strait, named Lynn Canal by Vancouver. It is indispensable, 
according to the inspection of the local Commander, to erect on this 
area 2 or 3 more redoubts, estal)lish settlements, and intending to do 
so the Company cannot, without evident prejudice, see foreigners 
trading freely within the boundar}- of Russian possessions; each of 
the redoubts will then l)e. so to say, in a besieged condition from the 
natives themselves, for, on account of competition in trade the for- 
eigners will pay them again as heretofore with liquor, powder, guns 
and cannon, and in such a case the actions of intoxicated savages will 
know no bounds as to impudence, riot and the consequences to us will 
be continual disputes, and may be bloodshed. The Board of Directors 
deems it necessary to add that the American Captains made attempts, 
by converting the natives to Christianity, to bind them to them by 
means of religious ties; fort his purpose missionary Green was brouo'ht 
there by Capt. Taylor of ship VoJnnfrer. He might have succeeded 
in his undertaking, I)ut the exti-eme greed of the Captain lost them 
the confidence of the natives and the missionary was o1)liged to return 
without having achieved any success. This incident illustrates the ill- 
will of the American Captains, who take advantage of the rights of trade, 
enjoyed during the 10 years term of the convention, but since prohib- 
ited by the same. On account of all these circumstances the Board of 
Directors declares that the acceptance of new conventions from the 
United States as well as from the British Government, should the 
pi"oposition emanate from the latter, to allow their captains to freely 



236 PAPERS RELATING TO RENEWAL OF 

navigate our waters for the purpo.se of trading- in our possessions, 
will be decidedly prejudicial to the Russian American Conipan3% but 
the permission for foreigners to come to the Port of Novo Archangelsk 
to trade with the office of the Company according to the instructions 
of the Governor, may remain as heretofore, and no new treaty is nec- 
essary for the same. The Board of Directors has the honor to return 
the papers forwarded with the writing of the Department of Trade 
and Manufacture. 



Baron. Krudenev to Mr. Dicklns. 

[Translation.] 

WashincxTon, May 19 {31), 1835. 

The undersigned, envoy extraordinary and minister plenipotentiary 
of His Majesty the Emperor of all the Kussias, has the honor to address 
the following communication to Mr. Dickins, who has charge of the 
Department of Foreign Relations during the absence of the Secretary 
of State. 

The convention concluded between Russia and the United States on 
the oth (17th) of April, 1824, regulated various points respecting the 
commerce and navigation of the vessels of each nation, along the north- 
west coast of America. The fourth article of this convention grants 
to American vessels for ten years after the date of the signature thereof 
the right of frequenting, without any hindrance whatever, the interior 
seas, gulfs, harbors, and creeks comprised within the limits of the 
Russion possessions on the aforesaid coast, and especially northward 
of iA- 4(1' of north latitude. 

This period of ten years expired on the 5th (I7th) of April, 1834; not- 
withstanding which two American captains. Snow and Allen, who w^ere 
then in the port of Novo Archangelsk, declared their intention to visit 
the anchoring places on the coast belonging to Russia, as before, on the 
plea that they had received no notice of the cessation of this privilege 
from their Government. This declaration induced Captain Baron tie 
AVrangell, governor of the Russian American colonies, to state formally 
to Captains Snow and Allen, l)y a circular addressed to them, under 
date of April 27. that l)y the terms of the convention of April, 1824, 
American vessels had no longer the right of landing at their discretion 
at all the landing places of the said possessions in America. 

In consequence of what is here exposed, the ministry of His Majesty 
the Emperor of all the Russias has ordered the undersigned to call the 
attention of the American Government to the fact that the fourth 
article of the treaty of 5th (17th) of April, 1824, by which indefinite and 
indiscriminate liberty {tine liheiie incUjinle et indldincte) of frequenting 
the respective possessions of each party on the northwest coast was 
granted to the vessels of each has expired. The new state of things 
brought on by the terms of the treaty, since the expiration of the said 
ten years, not having been sufficiently appreciated 1)}^ the navigators of 
the United States, who have latterly frecjuented the Russian posses- 
sions on the northwest coast of Nortli America, it aj)pears to be neces- 
sary that the American public should be informed of the actual state 
of the relations on this subject, and the undersigned has l)een ordered 
to invite the Government of the United States to take the most suitable 
measures with regard to it. 

The undersigned, etc., B. Krudener. 



TRADING PRIVILEGE OF UNITED STATES. 237 

Ml'. Dick Ins to Boron Knidener. 

Department of State, 

Washington., June 3., 1835. 

The undersio-ned, Acting- Secretary of State, has the honor to acknowl- 
edge the receipt of the note addressed to him on the ll>th (31st) ultimo, by 
Baron Krudener, envoy extraoi-dinary and minister plenipotentiary of , 
His Majesty the Emperor of all the Russias, reminding- this (xovernment 
of the expiration of the fourth article of the treaty of oth(lTth) April. 
18:24, between the United States and Russia, which secured to Ameri- 
can and Russian vessels the privilege of frequenting- the respective pos- 
sessions of the two powers on the northwest coast, and suggesting the 
propriety of the adoption of proper measures to notifv this fact to the 
people of the United States. 

The undersigned has the honor to inform Baron Krudener that he will 
take an early opportunity to submit his communication to the President, 
and he avails, etc., 

ASBURY DiCKINS. 



Mr. Forsyth to Baron Krudener. 

Department of State, 

Washine/ton, June 24-., 1835. 

Sir: I have the honor to inforiu you that your note of the 19th (31st) 
ultimo, calling the attention of this Government to the fact that the 
fourth article of the convention of April, 1S24, between the United 
States and Russia had expired by its own limitation during the j^ear 
1831, and suggesting the propriety of making this event known to the 
American public, has been laid l)efore the President for his considera- 
tion. As, however, the motives which led to and rendered expedient 
the adoption of that article of the treaty of 1821 exist now in equal 
force, and as the arrangement has been found mutually beneficial to 
the interests of the citizens and subjects, respectively, of the contract- 
ing parties, without inconvenience to either, I am instructed to apprize 
you that the President would prefer not to take any active measures to 
interrupt the commercial intercourse between the United States and 
the Russian settlements on the northwest coast of America, unless, in 
your opinion, there is reason to believe that a proposition on the part 
of this Government for the renewal of the article referred to would 
not be met in a favorable spirit by the Government of His Imperial 
Majesty at St. Petersburg. 

An early answer to this communication, if vou are not aware of any 
difficulty on the part of 3'our Govermnent in the wa}' of such a nego- 
tiation, will enable me, without unnecessary delay, to transmit the 
requisite instructions on the subject to the diplomatic representative 
of the United States in Russia. 

I pray ,vou, sir, to accept, etc., 

John Forsyth. 



238 PAPERS RELATING TO RENEWAL OF 

Baron Krudencr to J//'. Fof><ytli. 

[Translation.] 

Philadelphia, June 29 {July 11), 1835. 

The undersig-ned, envoy extraoidinaiy and minister plenipotentiary 
of His Majesty the Enipei'or of all the Russias, has received the note 
of June 24. which was addressed to him ])y ]Mr. Forsyth, Secretary of 
State of the United States. He would have made it a duty to answer 
it immediately, had the state of his health permitted. 

The undersio-ned regrets that it is entirely out of his power to give 
any distinct opinion as to the result which might attend any steps on 
the part of the CaV^inet of the United States to engage the Government 
of His Imperial Majesty to stipulate a renewal of the fourth article of 
the treaty of the 5th (ITth) of April, 1824, which ceased to be in force 
last year. It being thus impossible for the undersigned to foresee the 
intentions of the Emperor, he can only persevere in compliance with 
the orders transmitted to him by the ministry, and in repeating the 
demand which formed the object of his note of the li^th (3ist) of Ma}^ 
The undersigned is the more oblig(>d to comply with this duty, as the 
instructions Avith which he is furnished on this subject are positive, 
and express no doubt of the readiness of the American Government to 
proceed to the publication requested. 

The undersigned, etc., B. Krudener. 



Mr. Forsyth to Baron Krudener. 

Department of State, 

^VasJJngton, July 21, 1835. 

Sir: I have received your note of the 29th June (11th July), declining- 
to express an opinion as to the prol)able result of an application on the 
part of this Government to that of His Imperial Majesty for a renewal 
of the fourth article of the convention of 1824, between the United States 
and Russia, and reiterating- the request contained in your communica- 
tion of the 10th (31st) May last, that the fact of the expiration of the 
term limited in the article referred to should l)e, in some form, brought 
into notice, for the information of the American public. I have, in 
answer, the honor to state that a formal notice from the Government 
is not deemed necessary. All the citizens of the United States are 
1)ound to know existing laws and their rights and obligations under 
existing treaties. Still, however, as His Imperial Majesty's Govern- 
ment has especially invited the attention of this Government to the 
sii))ject, an informal notice will ])e given through the public journals 
of Baron de Wrangell's warning to the captains of American vessels 
on the northwest coast of this continent. 

I will be very happy to receive from you, as early as practicable, 
precise information on the measures His Imperial Majesty's Govern- 
ment has adopted, or proposes to adopt, in relation to the subject, as 
corresponding regulations may be deemed necessary by the United 
States in regard to Russian subjects in the event of tlie non-renewal of 
the treaty stipulation. 

I pray you to accept, etc., 

John Forsyth. 



TRADINC4 PRIVILEGE OF UNITED STATES. 239 

Baron Krudentr to Mr. Fcrxytli. 

[Translation.] 

New York, Jnhj IJ^ (^>G)^ 1835. 
The undersigned, envoy extraordinary and minister plenipotentiary 
of His Majesty the Emperor of all the Russias, has had the honor to 
receive the note dated July 21, in which Mr. Forsyth. Secretary of State 
of the United States, in reply to his communication of June 29 (July 
11), informs him that the Government of the United States intended 
to insert in the public newspapers an unofficial notice of the warning 
given by Baron Wrangell to the captains of American vessels on the 
northwest coast of this continent respecting the expiration of the fourth 
article of the treaty of April 5 (IT), 1824; expressing also a desire to 
receive from the undersigned, as soon as possible, precise information 
with regard to the measures which the Imperial Government has 
adopted, or may adopt, on this subject, as corresponding regulations 
with regard to Russian subjects may be considered necessary in case the 
stipulation of the treaty be not renewed. The undersigned has without 
delay submitted to his Government the said note of the Secretary of 
State, and will communicate to him the results as soon as they are re- 
ceived. 

The undersigned, etc., B. de Krudenkr. 



Mr. Forsyth to Mr. WiWns. 

No. 4.] Department of State, 

Washi7igto7i, July 30., 1835. 

Sir: I transmit to you, inclosed, the copy of a recent correspondence 
with Baron Krudener, the diplomatic representative of His Majesty the 
Emperor of Russia at W^ashington, regarding the fourth article of the 
convention of April, 1824, between the United States and that Empire. 
It will be perceived from these papers that the liaron has taken occa- 
sion to remind this Government of the expiration of the term limited 
in that article, and to request that a notification of this fact may be 
given for the information of the American public. An informal notice 
has been accordingly published in the Globe of the 22d instant, of 
Baron de WrangelTs warning to the captains of certain American ves- 
sels trading with the Russian settlements on the northwest coast of 
America, It will also be seen that, in answer to an intpiiry from this 
Department, Baron Krudener has declined to express an opinion as to 
the probable result of a proposition to His Imperial Majesty's Govern- 
ment for a renewal of the article referred to. 

It therefore becomes necessary, and 3'ou are now authorized by the 
President's direction, to enter immediately upon a negotiation with the 
Government of His Imperial Majesty, if it should be found willing to 
entertain the proposition, for the renewal of the stipulations of the 
fourth article of the convention of the 5th (ITth) April, 1824, for an 
indefinite period, or, if this can not be had, for a term of years. 

There is reason to ))elieve that the course pursued by the Captain 
Baron de Wrangell, governor of the Russian- American colonies, inci- 
dentally mentioned in the Baron de Krudener's letter of the 31st May 



240 PAPEKS RELATING TO RENEWAL OF 

last, has been instigated l\v the Russian-American Fur Company; and 
it is not improl)able that representations of a character similar to those 
made to the governor, and from the same source, have been transmitted 
to St. Petersburg. If prejudices exist of the nature apprehended, and 
tending to defeat the object now in view, they will be easily discoverable 
in your intercourse with the Russian minister of foreign affairs, and 
yoii will take an early opportunity to discredit them by showing that 
representations growing out of private interests are always to be 
received with great caution, and should not be sutfer?d to influence 
the decision of a question which may be productive of injury to the 
citizens and subjects, respectively, of the contracting parties. 

The motives that prompted the adoption of the fourth article of the 
treaty of 1824 ))y the parties to that convention exist now in equal if 
not superadded force, since it will not he denied that it has ))een mutu- 
ally beneficial to the citizens of both, without being inconvenient to 
either. Serious objections on the part of Russia, therefore, to the 
renewal of the stipulations contained in it can hardly l)e anticipated. 
Should this reasonable expectation, however, l)e disappointed, it is the 
wish of the President that you should, without unnecessary delay, 
o])tain from His Imperial Majesty's Government precise information 
in regard to the measures adopted, or proposed to be adopted, on its 
part in relation to the admission of American vessels into the harbors, 
bays, and rivers of the Russian settlements on the northwest coast of 
this continent, in order that corresponding regulations, if deemed nec- 
essar3% may be made b}^ this Government. 
I am, etc., 

John Forsyth. 



[iHclosure. — Extract from the Globe newspaper of July 22, 1835.] 

It will be recollected that a convention was concluded between the United States 
and Russia in April, 1,S24, regulating various matters connected with the commerce 
and navigation of the two nations on the northwest coast of America. By the fourth 
article it was stipulated that the ships of both nations might, during a terra of ten 
years, fre(inent without hindrance the intei'ior seas, gulfs, harbors, and creeks of each 
nation on that coast for the purpose of fishing and trading with the natives of the 
country. The ten years expired in A])ril, 1834; and we understand that formal notice 
has been given by the governor of the Russian colonies to the masters of the Ameri- 
can shii)s then trading there that they could no longer claim, under the convention, 
the right of landing at all the landing places, without distinction, belonging to Rus- 
sia on that coast. Those interested in the trade will not fail to observe that under 
the second article of the convention it is necessary for ail American vessels resorting to 
any point on that coast where there is a Russian establishment to obtain the per- 
mission of the governor or commander. 



3lr. WilMns to Mr. Fors;/tJi. 

^o. 11.] Legation of the United States, 

St. Petersburg, September 7, 1835. 
Sik: The steamboat of the day liefore yesterday brought me 3'our 
despatch No. 4, dated on the 3(>th July "last, accompanied by a copy 
of a recent correspondence with Baron Krudener regarding the 4th 
article of the convention of April, 1824, between the I'nited States 
and Russia; a copy, also, of an informal notice published in the ''Globe" 



TRADING PRIVILEGE OF UNITED STATES. 241 

of the 22d of fluly last, touchino- American vessels trading- with the 
Russian settlements on the northwest coast of America; and an extract 
from a despatch of ^Ir. Middleton, dated Tth (19th) April, 1824, rela- 
ting to the 4th article of the treaty above mentioned." 

1 have already had the honor of apprizing you of the a])senceof his 
Imperial ^Ntajesty and his Minister of Foreign Affairs. Prince Lieven, 
left in the temporary occupation of Count Nesselrode\s office, is 
vinwilling to incur responsibility by taking up any matter of business 
which can be postponed until the return of the Minister. Immediately 
upon the return to the capital of that officer I shall not fail to call his 
attention to the fact of the expiration, by its own limitation, of the 
4th article of the treaty of April 1824, between the United States and 
the Imperial (lovernment to submit to him the proposition, and to 
endeavor to fulfil the instructions and meet the views of the President 
contained in the despatch which I have just received. I observed, 
shortly after mv arrival in this city, that the term of ten years stipu- 
lated in the 4th article of the treaty had expired, and mentioned the 
cirtumstance in my despatch No. 3, of the date of the 2Tth of Decem- 
ber last. I have not made allusion to it, upon any occasion, here, 
because I presumed (and so it has occurred) that the subject would 

engage 3^our attention at Washington. 

****** * 

I have the honor to be, sir, your obedient servant, 

Wm. Wilkins. 
To the Hon. John Forsyth, 

Secretary of State. 



Mr. Witl-l/ts to Mr. Forst/t/t. 

No. 14.] Legation of the United States, 

St. I^ete/'-stjurg, Noveiiil)er '23^ 1835. 

Sir: In the last dispatch which I had the honor to address to you, 
on the 26th of September last, I informed you it was likely you would 
not again hear from me until after the return of the Emperor and 
Count Nesselrode to this capital. 

His Majesty returned on the 1st instant, having been preceded a few 
days by his minister of foreign affairs. 

Immediately upon receiving from Count Nesselrode the usual w^ritten 
notice of his having resumed the duties of his official station, I addressed 
hira a note and requested him to name a day when I might have the 
honor of a personal conference. He mentioned the 4th instant. I waited 
upon him accordingly at the foreign office, and disclosed to him the 
wishes of the American Government in reference to the removal of the 
fourth article of the treaty of April, 1824, and held with him such conver- 
sation and placed the matter in that light which seemed to me the most 
proper and in accordance with my instructions. Upon the close of our 
conversation I handed to him, in writing, a memorandum of the proposal 
you authorized me to submit. The view in which I placed the matter 
and the substance of the conversation wnll appear (and therefore need 
not be more particularly detailed) hy reference to the copies of the 
notes which I addressed to him immediately after the conference, sim- 
ply noting two observations which fell from him. * * * 

I have, etc., Wm. Wilkins. 

« See ante, page 75. 

21528—03 23 



2-12 PAPERS RELATINCi TO RENEWAL OF 

[Inclosure 1.] 

3Iemorandum. 

St. Petersburg, Oct. 33, {Nov. 4) 1835. 
The undersigned, Envoy Extraordinary and Minister Plenipotentiary of the United 
States of America, in reference to the subject upon which he has this day had the honor 
of a personal conference with his excellency Count Nesselrode, Vice Chancellor of 
the Empire, submits to the Imperial ^Ministry the following distinct proposition in 
behalf of the American Government: To renew the stipulations of the 4th article of 
the convention of the 5th (17th) of April, 1824, between his Imperial Majesty the 
Emperor of all the Russias, and the United States of America, either for another 
term of ten years, or for an indefinite jieriod. 

Wm. "Wilkins. 

Mr. Wilkins to Count Nesselrode. 

St. Petersburg, November 5, 1835. 

]Mr. Wilkins, P^nvoy Extraordinary and Minister Plenipotentiary of the United 
States of America, i")resents his respects to his excellency Count Nesselrode, and has 
the honor to enclose him the extracts spoken of yesterday, from the conventions of 
the United States of America with Great Britain, dated on the 20th of October, 1818, 
and the 6th of August, 1827. 

Mr. Wilkins also, as it affords a satisfactory reply to an observation which fell 
from his excellency yesterday, transmits a copy of a law of Congress, passed on the 
19th of -May, 1828, providing for the punishment of contraventions of the fifth article 
of the treaty of April, 1824. The attention of the Imperial Ministry is called to this 
law, because it affords manifest proof of the integrity of purpose on tlie part of the 
Government of the United States, and its disposition to secure the fulfilment of its 
stipulations with Eussia. 

Mr. Wilkins prays his excellency Count Nesselrode to acceirt the assurance of his 
high consideration and respect. 

[Inclosed in Mr. Wilkins's note of Nov. 5.] 

AN ACT for tlie punishment of contraventions of tiie tiftii article of the treaty between the United 

States and Russia. 

Be it enacted bf/ the Senate and. House of Representatives of the United States of Anierica 
in Congress assembled, That if any one, being a citizen of the United States, or trading 
under their authority, shall, in contravention of the stipulations entered into by the 
United States with the Emperor of all the Russias, by the fifth article of the treaty, 
signed at St. Petersburg, on the seventeenth day of April, in the year of our Lord 
one thousan<i eight hundred and twenty-four, sell or cause to be sold, to the natives 
of the country on the northwest coast of America, or any of the islands adjacent 
thereto, any spirituous liquors, fire arms, or other arms, powder or munitions of 
war of any kind, the person so offending shall y>e fined in a sum not less than fifty 
nor more than two hundred dollars, or imprisoned not less than thirty days, nor 
more than six months. 

Sec. 2. And. be it further enacted, That the superior courts in each of the territorial 
districts, and the circuit Courts and other courts of the LTnited States, of similar juris- 
diction in criminal causes, in each district of the United States, in which any offender 
against this act shall be first apprehended or brought for trial, shall have, and are 
hereby invested with, full power and authority to hear, try and punish, all crimes, 
offences and misdemeanors, against this act; such courts proceeding therein in the 
same manner as if such crimes, offences and misdemeanors, had been committed 
within the bounds of their respective districts. 

Approved, Slay 19, 1828. 



[Inclosurc 2.] 

Mr. Wilkins to Count Nesselrode. 

St. Petersburg, November 1 {13), 1835. 
******* 
Notwithstanding his very recent conversation with Count Nesselrode in reference 
to the proposition of the American Government to renew the expired fourth article of 
the treaty of April, 1824, the undersigned will embrace the present occasion to repeat 



TRADING PRIVILEGE OF UNITED STATES. 243 

what may then have been, in a very brief manner, verbally represented, and to add 
a few remarks immediately bearing upon that question. 

The diplomatic representative of His Imperial Majesty at Washington City having 
taken occasion to remind the United States of the expiration of the ten years stipu- 
lated in the fourth article of the treaty of 1824, and to desire thereon the action of 
their Chief Magistrate, is indicative of the necessity that tlie two Governments should, 
as early as convenient, come to a decision upon the pf)licy hereafter to control their 
citizens and subjects, respectively, ui)on the northwest coast. Hence it is that, under 
express instructions, the undersigned had the honor, immediately upon the return of 
his excellency Count Nesselrode to the capital, to call his attention to the question, 
and to submit to him his proposal of October 23 (November 4), of which the under- 
signed delivered at the time a memorandum in writing. 

The motives which influence the Government of the United States in submitting 
that proposition to the iinjierial ministry will be found to arise out of a consideration 
of the following circumstances: 

(1) The desire to avoid any difhculty and apprehension of collision between the 
inhabitants, traders, and fishermen upon that wild coast, so remotely situated, but 
with very few and widely separated posts of civilization, and the entire country 
almost so exclusively occupied by savage tribes as to render restraint and proper 
responsibility to the law well-nigh out of the question with either Government. 

(2) The proposed arrangement would render definite and precise the rights and 
duties of the subjects and citizens of the contracting parties respectively, and would 
obviate all necessity to resort to a construction of the remaining articles of the treaty 
of April, 1824, and would likewise avoid any chance of conflicting interpretations of 
that instrument. 

(3) Since the undersigned had the honor, in their personal conference the other 
day, to be informed by his excellency Count Nesselrode of the arrangement relative to 
the trade and intercourse upon the northwest coast of America subsisting at present 
between the Governments of Russia and Great Britain, he has turned to the first and 
eleventh articles of the commercial treaty of the 6th ( 18th ) of December, 1832, between 
Russia and the United States, and begs leave to call the attention of the imperial 
minister to the same articles, who will, upon their perusal, see for himself how far 
their provisions bear upon the present sul)ject, and whether they may not give rise 
to an inquiry which may be rendered unnecessary by an acquiescence in the proposed 
arrangement. 

(4) Touching the especial matter in question, the proposed arrangement would, it 
is believed, place the three nations — Russia, England, and the United States — upon 
the same fair footing and upon the same equality in the enjoyment of a community 
of privileges. 

In the personal interview of the 4th instant ( N. S. ), his excellency Count Nesselrode 
mentioned two circumstances, to which the undersigned will now refer for a moment. 
One was the objection entertained by the Imperial Government to all traffic in fire- 
arms and spirituous liquors, by American citizens, with the native Indians. To this 
the undersigned now replies, as he did then very succinctly, that it is believed the 
treaty of 1824, containing a stipulation against that traffic, immediately i^ut an end 
to it; that there have been no infractions since its adoption — certainly none com- 
plained of in representations to the Government at "Washington; that, as a further 
assurance against infringements upon that humane stipulation, and as an evidence 
of the sincere desire of his Government to enforce it, the undersigned, immediately 
after their conference, inclosed to his excellency a copy of a law jjassed by Congress 
declaring certain prosecutions and penalties against those who should offend against 
that provision of the treaty. And the undersigned will, on this point, content him- 
self by adding that the above traffic is now discountenanced and prohibited by the 
present well known and benevolent course of policy pursued by the American Gov- 
ernment towards the wild and uncultivated aborigines of the country. 

The other circumstance mentioned by his excellency was that, as the Russian 
American Fur Company were particularly interested in the decision of the question, 
he conceived it to be his duty to consult its directors before he could give a final 
answer. 

It is not often that those who enjoy a monopoly under a liberal grant from an indul- 
gent sovereign will be willing even to modify, or permit others to participate in, any 
• portion of their privileges. But, in the present instance, it must l)e recollected that 
such a concession is not embraced in the proposition submitted without a fair equiva- 
lent; for the privilege to fish and traffic north and south of the latitude of 54° 40' 
would rest upon the just principles of reciprocity. 

Whether any prejudices or individual interests exist having a tendency to disincline 
His Imperial Majesty to assent to a renewal of the expired article of the treaty of 
1824, or how far such prejudices or interests, if they do manifest themselves on the 



244 PAPERS RELATING TO RENEWAL OF 

part of individual gentlemen of the first respectability, ought to influence the action 
of Governments upon a question of general import and affecting national and arnica-' 
ble intercourse, is not for the undersigned alone to determine. It is enough for him 
to know that the views in 1824, which produced the provision contained in the fourth 
article, have been tested by experience, and the results being mutually beneticial 
and convenient prove their propriety. 

To justify the presumption that the annual visits of American ships in the prosecu- 
tion of their adventures upon the northwest coast are sometimes very convenient 
and must be beneficial to the Russian settlements and ports in that distant and not 
productive climate, the undersigned takes leave to refer to a contract made within a 
few days by the Russian American Fur Company with an American citizen for sup- 
plies to their agents and ports for the ensuing year. 

Should the undersigned, however, be disappointed in the reasonable expectation 
he has formed, and the Imperial Government be unwilling to entertain the proposal 
to renew, either indefinitely or for another term of years, the provisions of the article 
of the treaty referred to, he requests that his excellency Count Nesselrode will do him 
the favor to inform him in regard to the measures adopted, or proposed to be adopted, 
on the part of Russia in relation to the admission of American vessels into the har- 
bors, bays, and rivers of the Russian settlements on the northwest coast of the 
American continent. The happy understanding which prevails between the two 
Governments, the desire to a\-oid any casual difference, and the probable necessity for 
corresponding measures, will readily indicate the motives which prompt this request. 

The undersigned can not close this note without repeating, very earnestly, his wish 
to be put in possession of the answer of the imperial ministry upon the two subjects 
to which their attention is directed. 
The undersigned, etc., 

Wm. Wilkixs. 



[Inclosure 3.] 
Count Nesselrode to Mr. Wilkins. 

St. Petersburg, Xovemher 8, 1835. 

The undersigned, as he had the honor to announce, did not fail to submit to the 
department of finance the suliject of the memorandum addressed to him on the 23d 
October (4th November) by Mr. Wilkins, envoy extraordinary and minister plenipo- 
tentiary of the United States of America, respecting the renewal of the fourth article 
of the treaty of April, 1824. 

The undersigned, as soon as he has obtained the opinion of the proper authorities 
and received the orders of the Emperor, will immediately communicate to Mr. Wilkins 
the point of view under which the proposition of his Government is regarded here. 
He, however, requests Mr. Wilkins to bear in mind that the Imperial Government, 
in examining this proposition, will lose sight of none of those considerations which 
should induce it more strongly to cement the amicable relations now existing between 
the two Governments. 

Contenting himself for the present with this answer to the note of ^Ir. Wilkins of 
the 1st (13th) cf November, the undersigned seizes, etc., 

Nesselrode. 



[Inclosure 4.] 

Mr. WUkini^ to Count Nesselrode. 

[Extract.] 

The undersigned, Envoy Extraordinary and Minister Plenijiotentiary of the United 
States of America, has the honor to acknowledge the receipt of the note bearing 
date yesterday, addressed to him by Count Nesselrode, Vice Chancellor of the 
l-.nqjire, l)y which he observes that his excellency has submitted to the ^Minister of 
Finance the proposition of the American Government for the renewal of the fourth 
article of the treaty of April, 1824. 

However forcibly impressed the undersigned may be with the necessity of as early 
a decision of this question as may be practicable with the Imperial Ministry, he will 
await, with pleasure, the final result of the course adopted by Count Nesselrode. 
******* 

Wm. AVilkixs. 

(Nov. 9, 1835.) 



TRADING PRIVILEGE OF UNITED STATES. 245 

Count Nes^elrode to Count E. F. Kanlireen. 

[Translntion.] 

Dear Sir: Acting upon your report, dated December 7th, last, (No. 
3782) concernino- the expiration of the term of ten years, stipulated 
in Article IV of our Treaty with the United States of north- America 
as the term of free navigation for our ships in the waters of our local 
possessions, I considered it my duty to instruct our Minister in the 
United States, Baron Krudener, to direct the local Government to 
inform those whom it may concern that on the expiration of the term, 
the captains of the ships should have no further right to penetrate the 
Russian dominions north of 50^ 41' [sic] latitude for the purpose of 
trading with the natives. 

Trusting that Russia would renew the aforesaid article of the Treatv, 
the American Government was unwilling to f ullill Baron Krudener's 
request, upon the ground that any announcement concerning the 
question would be superfluous, inasmuch as every American Captain 
should have cognizance of all provisions of the existing treaties and 
is therefore bound to know, that he had no longer the right to approach 
the coasts of our American dominions. 

In refuting this objection, Baron Krudener cited the cases of the 
Captains Snow & Allen who, notwithstanding the expiration of the 
term of ten years, wished to sail as before from Novo- Archangel into 
the straits declaring that they had not been informed by their Govern- 
ment of the fact. On our Ambassador's urgent request an announce- 
ment (a translation of which document is hereto annexed) was at last 
inserted in the American newspapers in regard to the expiration of the 
term mentioned in Article IV of the Treaty of 182-1-, relating to the 
navigation of American ships in the waters of the Russian colonial 
possessions. 

Supposing that our Government would use some severe measures 
against those American captains, who, notwithstanding this notice, 
(should sail into our shores as before, the Secretary' of State, Mr. 
Forsyth, asked Baron Krudener in a note, — (the translation of which 
is hereto annexed) to inform him how they would be treated in such 
cases, in order that the United States might likewise consider the 
measures to be taken against Russian subjects, in case the clause of the 
Treaty should not be renewed. 

Now the American Minister, Mr. Wilkins, has officially proposed to 
me the renewal of the fourth Article of our Treaty concluded with the 
United States on April 5/17th, 1824, for ten vears more or for an indeli- 
nite time. I, therefore, apply to you. Sir, begging you to give me your 
opinion on this subject. 

In case you should find it against the interests of our Government 
to renew the right of navigation which American ships enjoy in our 
dominions in North America. I find it advisable to draw your atten- 
tion to the aforesaid question of the Secretary of State Forsyth con- 
cerning the measures which would be taken against such American 
captains as, notwithstanding the expiration of the term, shoidd arbi- 
trarily sail into our straits; and I beg you. Sir, to inform me what 
answer I am to give upon this subject to the American Government. 

You know. Sir, that a similar convention was concluded in 1825 with 
the Government of Great Britain concerning the navigation in our 
dominions in North America, although the British Government has 



24(3 PAPERS RELATING TO RENEWAL OF 

not yet taken any steps looking- towards the renewal of this Treaty, it 
is to be supposed that the London Cabinet is likely to make a similar 
proposition, in case Russia consents to renew the Article with the 
United States. As England has already renewed in 1827, for an indefi- 
nite term, its convention with the American Government concluded 
October 20, 1818, g-overning the rights of navigation of their respec- 
tiv^e subjects along the north-west coast of America, it will most likely 
wish to do the same with us. 

(Signed) Count Nesselrode. 

October 30, 1835. 



■ Mr. WlMm to Mr. Ifor-^yth. 

No. 16.] Legation of the United States, 

St. Petersburg, Decemher 11, 1835. 
******* 

Sir: As I anticipated, when I last wrote, I held with Count Nessel- 
rode, at the foreign office, on Monday last, the 7th instant, a personal 
conference upon Wij proposition to renew, either indefinitely or for a term 
of years, the fourth article of the treatv of April, 1821, and I regret to be 
compelled to say that, in this effort, at all events for the pi-esent, I have 
been unsuccessful; and I presume the overture will be finally altogether 
rejected, unless some new and, to me, unforeseen circumstances turn up. 

I was well aware that I should have to encounter the decided oppo- 
sition of the Russian American Fur Company; and in presenting the 
subject to the vice-chancellor in the various lights in which it struck 
my mind, I took the ground that it was not a mere interested and selfish 
question of gain in the traffic upon the northwest coast, but one of a 
higher character, involving political and national considerations; that 
whilst I was very willing to admit the more active conmiercial enter- 
prise and superior shipping of the citizens of the United States, yet 
this was a question not to be decided by such circumstances, but should 
turn upon the consideration of our national good will and our amicable 
and disinterested reciprocal intercourse. * * * 

Inasmuch as it seemed to me, b}^ the language of your instructions, 
that you preferred an indefinite re\'ival of the fourth article, I drew 
up, to that effect, the form of a treaty, following, as a precedent, the 
articles of our convention with England of the 6th of August, 1827; 
which I submitted to, and, at his desire, left in the possession of Count 
Nesselrode. A copy is herewith transmitted. 

At the close of the conference, I requested Count Nesselrode to give 
me his reply in writing. He acquiesced, and accordingly sent me his 
official note, dated on the 28th ultimo (old style), and a copy of which 
1 hare also the honor to inclose to you. 

During our conference, I did not feel myself authoriz<Kl to call the 
attention of the Imperial minister to what might, or probabl\" would 
be, the construction by the United States upon the treaty, with the 
fourth article extinct; nor what rule of the law of nations would be 
considered as applicable to the case, and controlling the trade upon a 
wild and extensive American coast, of a great and open ocean, and 
still, with the exception of a very few posts at a vast distance from 
each other, in the rightful occupancy of the natives, and to which, 1 



TRADING PRIVILEGE OF UNITED STATES. 247 

believe, the sovereignty of Russia has not yet, in any treaty or con- 
vention, been admitted. 

1 found, also, upon turning- to the treaty of 1825, between Russia and 
Great Britain, subsequent to writing my note of the 1st (13th) of last 
month to Count Nesselrode, that my reference therein to the first and 
eleventh articles of our treaty of the 0th (18th) December, 1832, with 
this country had no bearing upon and was inapplicable to the question 
I was then discussing; because the stipulations in theii" treaty w^ith 
Great Britain, similar to that contained in our fourth article, were like- 
wise limited to ten years, and had expired in February last. At the 
interview on Monday last I gave this explanation to Count Nesselrode, 
who answered my observations b}^ saying that England had not yet ap- 
plied for a revival of the nuitual privilege, and if it should be agreed to 
with that power, would, of course, and of right bv treaty stipulation, 
be immediately given to the United States. 

As the answer I have received is of a positive character and cannot 
be evaded by me, it in reality postpones this question until late in 
next summer — in all probability until the autumn — because the voyage 
is one of several months — and Governor Wrangell will not leave the 
North West Coast until the opening of the navigation next season. 
Indeed, I believe, it is well understood that he is only now ordered 
home, in consequence of the affair which occurred in 1831, under his 
administi'ation, with a vessel of the British Company and which is 
substantially detailed in the annexed publication taken from the Eng- 
lish new\spaper "The Times". 

******* 

I am informed that our vessels generally trade between latitudes 50'^ 
and 5T-, and, occasionally, go still further north. The English are al- 
ways to be found on the coast, have trading-posts established along it, 
some of which are south of latitude 51-" -10'. 

The principal establishments of the Russians are called Sitka and 
New^ Archangel, towns situated upon adjacent islands of their respective 
names, off Norfolk Sound, and in latitude 57 -" north. Archangel is their 
chief place, where they keep up a garrison, established in 1800, of about 
seven hundred men. They have other trading-posts, and two or three 
small garrisons between Behring's Straits and Sitka. In the winter sea- 
son, w^hen their people are all collected at the posts upon the coast, they 
amount to about two thousand. They now build vessels upon the coast, 
and are increasing the number. Last year they had four or five ships 
of a burden from 175 to 250 tons, and seven or eight sloops, or smaller 
vessels, of about 100 tons each. 

******* 
I have, etc. , William Wilkins. 



[Inclosure 1.] 

Draft of a conventioa reneiriny indefinHehj fltefonrtJi article of the treat;/ of the 5th {17th) 
of Ajirll, 1824, between, the United Statex of America and the Emperor of all the Bussias. 

Art. I. The provisions of the fourth article of the convention, concluded between 
the United States of America and His Imperial ^Majesty the Empei'or of all the Rus- 
sias on the 5th (17th) of April, 1824, shall be, and they are hereby, renewed and 
indefinitely extended an<l cimtinued in force in the same manner as if all the pro- 
visions of the said article were herein specially recited. 



248 PAPERS RELATING TO RENEWAL OF 

Art. II. It shall Ije competent, however, to either of the high contracting parties, 
in ca.«e either should think lit, at any time after the 1st day of January, 1837, on giv- 
ing due notice of twelve months to the rjther party, to annul and aljrogate this con- 
vention, and it shall, in such case, be accordingly entirely annulled and abrogated, 
after the expiration of the said term of notice. 

Art. III. Nothing herein contained shall be construed to im])air, or in any manner 
affect, further than is expressly detdared above, any of the provisions or stijiulations 
contained in the aforesaid convention of the 5th (ITth) of April, 1824. 



[Inelosure 2. — Translation.] 

Count Xesselrode to Mr. Wilkiiis. 

St. Petersburg, Xorember 28, 1835. 
The Imperial Government having taken into consideration the proposition made 
by that of the United States, to renew the fourth article of the convention of '5th (17th ) 
of April, 1824, has been convinced that it was imi^ossible to jironounce upon that 
subject until information had been received from the places where the said article 
would Vje enforced, suflicient to authorize an opinion upon the propriety of such a 
measure. The Imperial Government can not, however, expect to receive such infor- 
mation until towards next spring, when it may be obtained from some of its officers, 
whom a long residence on the northwest coast of America has enabled to become 
well actiuainted with the interests and wants of the Russian establishments in those 
countries, as well as the influence already exercised upon their prosperity by the 
provisions of the said fourth article. 

****** * 

Nesseleode. 



Mr. Forsytli to Mr. Dallas. 

Ko. 2.] Department of State, 

Wa.'<hwgton, A]ml 19, 1837. 
Sir: I am directed by the President to invite j'our earl}^ attention 
to the subject of the 4th article of the convention of April, 1824, with 
Russia. This article secured to the vessels of the contracting- parties 
the reciprocal rig-ht of frequenting for the purpose of fishing- and of 
trading with the natives, the interior seas, gulfs, havens, and creeks 
upon the northwest coast of this continent. Its stipuhitions were 
limited to the term of ten years, and expired in 1834. In the follow- 
ing 3^ear this Government having- been reminded by the Russian 
minister here of the expiration of the term limited in the article, 
instructions were given to Mr. Wilkins in July, 1835, to which you 
are particularly referred, to offer a proposition to the Government 
of his Imperial ^Majesty, for a renewal of its stipulations, either for 
an indefinite period or for a term of years: and, if serious ol)jections 
were entertained on the part of the Russian (lovernment to entering 
on such negotiation, Mr. Wilkins was re(jnested to o))tain precise 
inf ormat ion in regard to the measures adopted . or proposed to I )e adopted, 
b}' his Imperial Majesty, in regard to the admission of vessels of the 
United States into the harbors, bays, and rivers of the Russian settle- 
ments on the northwest coast of America, in order that corresponding 
regulations, if deemed necessary, might be adopted by this Govern- 
ment. Under these instructions, the subject was accordingly pre- 
sented to Count Nesselrode in November of the same year, and in 
December following- a note was received from him acquainting Mr. 
Wilkins that the Imperial Government thought it expedient to post- 



TRADING PRIVILPXIE OF UNITED STATES. 249 

pone a decisive answer to the proposal of the United States, to revive 
the stipulations of the 4th article of the convention of 1824, until the 
arrival of some of its othcers from the northwest coast, who would be 
able to furnish such information on the subject as would authorize an 
opinion upon the propriety of the measure. Since the receipt of the 
note last referred to, no further step has been taken by this Govern- 
ment, or its diplomatic representative at St. Petersburo-, in relation to 
the matter in question. The arrival at that capital, during- the last 
summer, of the Baron Wrangell, formerly Governor of the Russian 
possessions in North America will have afforded the Government of his 
Imperial Majesty an opportunity of obtaining- the information desired. 
It is, therefore, the wish of the President that, as soon as cojivenient 
after youi arrival at ^^our post, you should remind the Count Nessel- 
rode that no definitive answer has yet been given to the communica- 
tions of Mr. Wilkins on the subject of the renewal of the 4th article 
of the convention of 1824; that a decision is anxiously looked for, and 
that the hope is entertained that his Imperial Majesty's Government is 
now prepared to take a favorable view of the proposition. In execut- 
ing- this duty, however, it will not be necessary to repeat the call for 
information as to the regulations which, in the event of a refusal to 
renew the 4th article of the convention, his Imperial Majesty's Govern- 
ment may propose to apply to the vessels of the United States frequent- 
ing the Russian Settlements on the northwest coast. Such official 
inquiry mnj very properl}^ be suspended until you shall have ascer- 
tained that some measures affecting our intercourse with those posses- 
sions have actual h" been adopted by the Russian Government, in 
consequence of the expiration of the 4th article of the convention. 
* * * * * * * . 

I have, etc. John Forsyth. 



The despatch No. 2, April 19, 1837, from Mr. Forsyth, Secretary of State, to Mr. 
Dallas, United States Minister in St. Petersburg, was followed by a dispatch from 
Mr. Forsyth, May 4, 1837, to Mr. Dallas, instructing him to present to the Russian 
Government the claim for indemnity of the American brig Lariot. This vessel had 
sought to land in August, 1836, at one of the islands west of Prince of Wales Island, 
about latitude -54° 4.5' north, for the purjwse of intercourse and trade with the 
Indians, and had been driven away by a. Russian armed brig and her voyage defeated, 
on the ground that the ten years' privilege of trade granted to American vessels 
under article four of the Treaty of 1824 between Russia and the United States had 
expired. 

The correspondence respecting the renewal of the ten years' privilege and the claim 
of the Loriot for indemnity, which will be found in Senate Ex. Doc. 1, 2.5th Congress, 
3rd. Session and reprinted in Senate Ex. Doc. 106, 50th Congress, 2nd Session, was 
concluded in 1838 by a declination to renew the ten years' privilege and by a denial 
of all responsibility for damages on account of the Loriot. 



250 PAPERS RELATING TO RENEWAL OF 

NOTICE ISSUED BY THE UNITED STATES GOVERNMENT IN 1845. 

[Published in Fur Seal Arbitration Papers, Congressional edition, Vol. 2, Appendix Vol. I, Case of the 

United States, p. 91.] 

United States of America. 
Department of State. 

To all whom these presents shall come, gTeeting-: 

I certify that a notice, of which the annexed is a copy, was, at the 
direction of this Department, published on the 26th day of September, 
1845, in the Daily Union newspaper of the city of Washington, 

In testimony whereof, I, John W. Foster, Secretary of State of the 
United States, have hereunto subscribed my name and caused the seal 
of the Department of State to be affixed. 

Done at the city of Washington this 1st day of August, A. D. 1892, 
and of the Independence of the United States of America the one 
hundred and seventeenth. 

[seal] John W. Foster. 



Department of State, 

Washington^ Sejytemher ^6 , 18)^5. 
The Russian Minister at Washington has informed the Secretary of 
State that the Imperial Government, desirous of atfording official pro- 
tection to the Russian territories in North America against the infrac- 
tions of foreign vessels, has authorized cruisers to be established for 
this purpose along the coast by the Russian-American Company. It 
is, therefore, recommended to American vessels to be careful not to 
violate the existing treatv between the two countries, bj" resorting to 
an}' point upon the Russian American coast where there is a Russian 
establishment, without the permission of the governor or commander, 
nor to frequent the interior seas, gulfs, harbors, and creeks upon that 
coast at any point north of the latitude of 54-' 40'. 



PAPERS RELATING TO RUSSIAN OCCUPATION UP TO 
THE CESSION TO THE UNITED STATES IN I8G7. 



Memoranda on Russian Marine Map on file in the HydrographlG 
Department of the Ministry of Marine at St. Petersburg. 



MINISTRY OF MARINE. 

Hvdrographic Department. 
No. 2629/2223. 



[Translation. 



MAKINE MAP. 



Marine map of the northeastern part of Asia and northwestern part 
of America, from the port of Okotsk to Kotka, including the western 
part of America, from Cape x\kis till Cape Chiricov, discovered and 
annexed to the Russian Empire by the notable citizen Gregory Scheli- 
kov in the years of our Lord 1782 and 1788. The most important 
places are shown minutely under different numbers at the end of 
this map. 

BRIEF CO^TE^^TS RELATING TO THE ANNEXION OF AMERICAN LANDS. 

Gregory Schelikov like other Russians had often been sailing from 
Okhotsk to the Aleut Islands, and backwards, returning with cargoes 
of furs. In the year 1782 he was the first who had the boldness, with- 
out landing at the isles Aleut, to sail further towards the East, hoping 
to find some unknown lands and tribes, and to obtain benetit by making 
exchanges of goods. Continuing his wa}" passing by Alais, he per- 
ceived before him firm land, entered its bay and named it ''bay of the 
Tri Sviatitelia'' (three .saints). There he learnt that this land is a large 
island with some other smaller ones, named Kikhtan (no 1) that it lies 
not far from the mainhmd of America, and that the inhabitants of this 
island and of the mainland coast are called Keniagui; that they are sub- 
jected to nobod}^, having no king or chief, but are ruled only by the 
eldest of their families, who assemble on great occasions and hold 
councils. He exchanged his wares for furs, treated the natives very 
friendly, honoringtheir eldest with little presents, consisting in colored 
glass beads, and brought the whole tribe — about 30, OCX » in number — into 
the subjection of Russia; and, as this tribe was at this time at Avar 
with neighboring tribes called Kenites and Choochachees, he (Sche- 
likov) caused them to make peace and l)e friends, and made presents 
to all that were present at the peace-making feast, the presents con- 
sisting in glass-beads and cheap sundries; and then he brought also 
the Kenites and the Choochachees into Russian subjection. AH these 
tribes showed great respect and unlimited obedience to their pacitica- 

251 



252 PAPERS RELATING TO 

tor, and he was much pleased b}" that and remained over winter; and in 
order to make them moi'e tirm in their devotion to Russia, he founded 
a school for the native's children, causing- them to learn Russian scrip- 
ture, arithmetics and music, appointing to that purpose part of his 
own ])ropertv. After that he discovered in the north-eastern corner 
of Kikhtan. in St. PauTs bay, a very g-ood harbour (No. 2). 

In the year 1788 on May the 1st, Schelikov taking- with him stores 
of various wares useful to the natives sailed from the island Kikhtan, 
on board his galiot, to the main-land of America. On May the !)th he 
entered a harbor situated between the island Khlipakhlin and the 
main-land (No. 3), and held exchang-e trade paying- for a beaver skin 
nine threads of blue beads and three small golden balls, and for beaver 
tails and otter skins paid hve golden balls each. Afterwards he dug, 
on the island Kiluwat lying- in the midst of the strait, a hole in the 
ground, and put there a copper plank with the inscription on it: 
""Land of the Russian Crown." 

On May the 21st he came to the islands Tkhalkha, entered a har- 
bour and named it ''' Sts. Constantin and Helena harbour" (No. -1); 
there also he held trade, exchanged sundries for furs, and also hid on 
that spot, in the ground, a copper plate with a similar inscription. 

On June the 1st, sailing* to the isle Kaian, near the main-land, he 
learnt from the natives that the mainland is inhabited by a tribe, 
called Ugalakhmutes, neighbouring to the west with the tribe Choocha- 
chees, to the east with the Kolajees. The mainland coast is of mid- 
dling height and at a far distance high hills are seen, one of them 
being- higher than the others, which one is the verv mount St. Elias 
(No. 5). 

On June the 8th continuing- his way to the South east, he saw a bay; 
sailing- thereto he perceived a band of natives, rowing- towards his 
galiot, in four l)oats (baidaries), adorned with beaver-skins hanging on 
posts; with the help of these natives — the wind having fallen — Scheli- 
kov could enter the bay, dragging the galiot by tow, and laid her on 
anchor The natives were clad in beaver, sallies, martens-glutton and 
badger skins. There Schelikov learnt that this bay is called Yakutat 
(No. 6) and the tribe living in that part of the main-land is called Kolu- 
jees; they o1)ey to a chief, named toune-ilkhan (meaning the eldest or 
ruler); he is living near a large river, called C'hilcate, southwards from 
the bay Ltua; this tribe is neighlioring to the south with the tribe 
Ugalaitzy, Schelikov held trade there till the 12th of June on which 
day came the toune-ilkhan, in several boats, with 170 men, of which 
many had white faces and light hair; which led to suppose that they 
were descendants of the pilot Dementiew and twelve men of the crew, 
left on shore by the captain Chiricov, an D. 1741. The said Toune 
was received verj^ friendly, entertained, presents were given to him, 
and. after some conversation, he consented, with his eldests to become 
subjected to the Russian Orown: on which decision he was presented 
with the insign in copper of the Russian double headed eagle, to be 
worn on the l)reast. 

On June the 10th, the toune came again, wearing the Russian insign 
sown on his beaver mantle. He had brought with him his artist, and 
asked permission to take exact copies from the portraits of the Impe- 
rial Family, which were hanging on the cabin-walls: and this desire of 
the toune was satistied by the said portraits being- given to him; which 
present he accepted with great joy, the same being dispWed, as usual 



RUSSIAlsr OCCUPATION UP TO 1867. 253 

there, by means of loud shrieks and great clamours; after which, in 
token of his lidelitv, he ottered an iron paw, or clutch like that of a 
raven, which is held sacred by these Kolujees, as an idol. 

On June 18th, a copper plate was dug into the ground, bearing the 
mentioned inscription. The exchange was carried on till June the 
r^lst on which day the galliot sailed otf, the Kolujees following, asking 
with great insistence to come next summer and do trade with them. 

On June the 21st the voyage continued towards South-east. On 
July the 3rd entering a bay, Schelikov learnt from the natives com- 
ing to do business that it is named bay Ltua, and the tribe living* 
there Kolujees; from this bay southwards till cape Chiricov where 
the pilot Dementiew with several sailors had been left on shore, the 
distance is 78 versts; this cape — as shown by Russian and newest 
French maps, drawn according to the travels of Cook, do Lapeyrouse, 
Dawson and Mear — lies on the 56" of northern latitude. On July the 
9th came with several boats a toune-taikoon-tekhtuial, subject of the 
toune-ilkhan, and was also received verv friendh^ and entertained; 
presents were given to him and he was brought to acknowledge his 
subjection to the Russian Crown. Among other sundries he received 
the ensign made in copper of the Russian eagle to be worn on the 
breast. Trade was carried on till July the 5th, and on that day a cop- 
per plate was again put into the ground. On fJuly !)th the return 
voyage began sailing l)ack to island ^sykhtan; where they arrived on 
July the 15th. 

On examining the stock of furs obtained l)y way of exchange, 
Schelikov found that its value amounted to half a million of roubles, 
and was astonished not so much at the great benefit obtained, as at 
the subjection to the Russian Crown of so man}' tribes, by such easy 
and simple means. On sound reflection he understood that all that 
occurred so by God\s will, deigning to favor the elevation of Russia 
to glory, because every where Russia's name has been pronounced, 
there the populations with eager readiness obeyed and recognized 
subjection. 

In the year 1794 Schelikov received by Imperial order the grant of 
an archimandrite with clergy and ten families of peasants appointed to 
settle on the mainland of America (No. 7) and on the 18th Kurile 
Island (No. 8); these for the beginning were forwarded at his Scheli- 
kov's charge to the island Kikhtan and settled near St. PauPs harbour 
(No. 2), where a fortress, a church and houses were built. Now, more 
than 7000 Koniaguis and a great numlier of Kenaitz}" and Choochachees 
are converted to the Christian faith. 

In the year 1795 on June the 20th, Schelikov died, leaving the busi- 
ness founded b}' him to be continued by his heirs. 

Particulars concerning the composition of this map in the year 1795; 
the north eastern part of Asia, with the Kamchatka, the Aleut islands 
and the Kuriles islands, was drawn from Russian maps; the north west- 
ern part of America from cape Alais till the Arctic Ocean — from a map 
of Mr. Kuhn; from cape Alais till the gulf Ltua — from Schelikov's 
maps; from gulf Ltua till cape Chiricov — from Russian and newest 
French maps; from cape Chiricov till Kotka, drawn from the same 
French maps. 



254 PAPERS RELATING TO 

Yoyage of Ismail of. 

[From Account of the Russian Discoveries, by William Coxe, London, 1803.] 

Period III. Chap. 3. 

Quit Prince William's Sound — Steer to the Island Atchaka, or Van- 
couver's Middleton's Island— Kill a Chief who attempted to assas- 
sinate one of the Russians — Sail to Koiack or Kaye's Island — 
Description — Proceed along- the American Coast — Visited by the 
Natives — Anchor in the Baj" of Yakutat, or Port Mulgrave — 
Description of the Dwellings, Manners, &c, of the Inhabitants — 
Visited by the Chief Ilchack. 
******* 

Bv these eli'orts the galliot was drawn into the bay '^^ and from thence 
into a small harbour which lies on the eastern side. Here we anchored 
not far from the shore in ten fathoms on a sandy bottom, opposite to 
some habitations of the natives. But as this situation was not judged 
sufhciently safe, we towed the ship into an adjacent harbour smaller, 
but more secure, called in the language of the country Yakutat; on 
the 12th at four on the morning, we anchored in twelve fathom on a 
muddy bottom. 

During our stay in these parts we carried on a friendly traffic with 
the natives. Their scattered habitations are square, the outside made 
of earth, and the inside of wood; the top is covered with the bark of 
lirs, and provided with square openings in the midst of the roof, which 
serves the purpose of a chimney. The wooden part is made l)V driv- 
ing into the ground four poles of about two arshines in height, to 
which cross-beams are lixed. The roof is sloping and formed of 
planks, resting on the cross beams, which meet in the square opening. 
The entrance is on the side, and instead of a door is covered with mats 
twisted from grass and other materials. 

The greater part of the inhabitants had quitted their winter huts, 
and for the purpose of procuring pro\'isions, were gone out in canoes 
and boats, which resemble those used at Kamtchatka, These people 
bear the name of Koliuski, and fix their dwellino-s on the banks of the 
difierent rivers. Besides an inferior Toion, they are all subject to a 
superior Toion, who is called Ilchak. We were informed by the 
natives that this Toion, with one hundred and fifty of his subjects, 
exclusive of children, visited this place in baidars. He has two sons, 
Avhose names are Nekchut and Chink, and his principal residence is on 
the coast to the south east, much farther than the great river Tschit- 
iskat. It Vjorders on the frontiers of the people called Tfchitskanes, 
who, like the Koliuski, are at enmity among themselves, and often 
assault each other. This Toion rules overall the Koliuski, who inhabit 
the coast, as far as the ba}' of Yakutat. which is the last place in his 
dominions. This bay is frozen later than the end of July. According 
to information from the natives, it receives two considerable rivers; 
and at the departure of the ice is frequented b}^ many sorts of tish. 

«The outward bay seems to be Dixon\s Admiralty Bay, and Vancouver's Beering's 
Bay; the inner harbour, or the bay of Yakutat, Port Mulgrave. La Perouse calls it 
Baye de Monti. Vancouver mentions that a party of Russians, with nine hundred 
natives of Kadiak and Cook's Inlet, had extended their excursions to Port Mulgrave. 
Vol. 3, p. 206. 



RUSSIAN OCCUPATION UP TO 1867. 255 

The islands and shores of the bay abound in the same trees as are to be 

found near that river whose mouth was frozen, and which we before 

visited. 

******* 

On the loth of June, llehak the Toion of the Koliuski, came to the 
ship, in company with a native artist, who painted according- to their 
fashion, on Avooden phmks and other materials. Being admitted into 
the cabin he was much struck with some portraits, and requested a par- 
ticular description of the persons whom they represented. Although 
we had already given the Toion and his sul^jeets an account of these 
august personages, we ag-ain g-ratified his wishes. ''One of these is, 
the portrait," we said, "of her Imperial Majesty, the all-gracious, and 
all-powerful Sovereign of the g-reat Russian Empire. The other rep- 
resents the Great Duke, her successor in the Russian throne, and his 
wife, the Great Duchess. The remainder are the resemblances of the 
Great Dukes and Lords, their descendants. Numerous people who 
inhabit the vast extent of the Russian p]mpire submit to the power of 
these illustrious personages." The Toion heard this explanation with 
veneration and astonishment, and we strengthened this impression by 
adding, "the Russian monarch and her successor are extremely gracious, 
and diffuse in their blessings among innumerable people. The}" also 
pay indefatigable attention to the welfare of all those nations who 
border on the Russian Empire, and have no protector: employing all 
possible means to preserve them in content, peace, and securit3\ The 
Russian protection extends even to this district, to such a degree that 
no strang-ers would venture to give the smallest molestation to so 
favoured a spot." As a still furthei proof that all this part of the 
American continent and islands enjoyed the protection of the Russian 
Empire, one of the copper coats of arms was produced, and after a 
suitable compliment delivered to the Toion. He was requested to 
wear it upon the fore-part of his g-arment, as it would serve as a 
mark of hdelit}', and protect his subjects against all foreign ships. 

The Toion having listened with attention to these representations, 
received the coat of arms with extreme joy, and returned to his 
habitation. 

On the 16th the Toion paid another visit to the ship, in company 
with two elders; he wore on his sea-otter mantle the coat of arms 
fastened with red serge, which he had before received from us. After 
many compliments he earnestly entreated that in memorial of the great 
successor to the Imperial throne, he might be gratitied w^ith one of 
the portraits which he had seen in the cabin, and as there happened 
to be on board two engravings of the Great Duke, one of them was 
delivered to him, with this inscription in the Russian and German 
languages: "His Imperial Highness Paul PetroA'itch. successor to the 
throne of all the Russias," and ''Sovereign of the Dutchy of Holstein." 
Above was also written: 

In June, 1788, the Factor of the company of Golikof and Schelekof, the pilots 
Geraffin Ismaelof, and Dimitri Betscharof, of the gaUiot, the Holy Fathers, with 
forty men, being in the bay of Yakutat, carried on a considerable traffic with the 
Toion Ilchack and his subjects the Koliuski, and finally received them under the 
protection of the Russian Empire. As a memorial of these events, we gave the said 
Toion a Russian coat of arms, on copper, and this engraving of his Imperial High- 
ness the successor to the Russian throne. Orders are hereliy given to all Russian 
and foreign ships sailing to this place, to treat this Toion with' cordiality and friend- 
ship, without omitting the necessarj^ precautions: the said pilots who anchored here 
in the galliot from the 11th to the 21st of June, experienced from the Toion and his 
people, the most friendly behavior. 



256 PAPERS RELATING TO 

After writing this inscription, the portrait was delivered to the 
Toion, who reosived it with extreni3 satisfaction, and as customary, 
with an extatic shriek. As a proof of his subjection to Russia he 
gave on his part an iron iniige of a crow's head, which he considered 
as sacred; a bag wov^e from grass, and striped with various colours; 
six sea-otter shirts, also a leathern and wooden table which were 
painted with div^ers colors, and inlaid with stones. After remaining 
a considerable time on board, the Toion and the elders returned on 
shore. 

On the ISth of June the Russians landed and l)uried another copper- 
plate in a place which was accurately specitied; and as from the infor- 
mation of ths natives the place abounded in fish, they remained on the 
place to the 21st, to lay in a stosk of fresh provisions. 



The Tli/tkit hid! cms. 

[Historical review bj- Dr. Aiirel Krause, Jena. 1885.] 
[Translation.] 

[Page 39.] Forming of a company in 1781 by Gregor Schelechow 
and Ivan Golikow with the avowed purpose of reviving the fur 
trade. Equipping of three vessels at Ochotsk where the former 
embarked for the coast of America and took possession of Kadiak 
Island. Ukase of Empress Catharine in 1788 guaranteeing protection 
to the company and a second ukase in 1790 remitted the annual tribute 
which the natives have been paying. 

* * * * * * * 

In 1790 Alexander Baranow, a merchant of Kargopol, went to 
Kadiak to continue the exertions of his friend Schelechow, succeeded 
by his wonderful activity and soon came in contact with the Tlinkit 
or Kaloshes, as the Russians call them. Prior to this the Greek Dela- 
row, manager of Schelechow's Company, had sent out two men, 
Ismailow and Botocharow to explore the American Coast and bring 
the natives under Russian rule. On Yakutat Bay they found Chief 
Ilchak who belonged at the great river Tschilkat, but who had come to 
the ba}' with a number of his tribe for the purpose of trading. As a 
token of his submission the Russians bestowed on Ilchak a copper Rus- 
sian coat of arms and a likeness of the heir to the throne which l)ore 
the inscription in Russian and German: 

In the year 1788 in the month of Jnne the seafaring men of the GaHkof and 
Schelechof company, Ismailof and Dmitrii Botcharof happened to l)e on board their 
vessel with a crew of 40 men in the bay of Yakutat where the inhabitants have a 
different reUgious creed, and where the Russians had loving and friendly social 
intercouise with the native chief Ilchak and the Kolosh people that owe him alle- 
giance, and the Russians had considerable commercial dealings with them and at 
last induced them to come under the protection of the Russian throne as a token 
and in commemoration of which they bestowed upon said chieftain a copper Russian 
coat of arms and this C(>pi)er print representing His Imperial Highness the heir to 
the Russian throne. Therefore all who may come here in Russian or foreign ships 
are admonished to treat this Chief Ilchak lovingly and amicably, using precautions 
wdiich every one has need of — said seafaring men who were here in their vessel from 
June 11 to 21, observed no sign of mischievous conduct on the part of the chief and 
his people and went safely to sea again. 



RUSSIAN OCCUPATION UP TO 1867. 257 

Oil their exploring the country, the Russians arrived at the Rivers 
Antlin, Kalcho, Altsech and Kakanin names which they learned from 
Kolsoch boys that were with them and landed tinally in the Bay of 
Litaja. The chief who ruled here, likewise received a Russian coat 
of arms and as a token of Russian sovereignty over the country a 
copper plate was set into the ground. 

Baranow himself tirst met with the Tlinkit in 1793. He with a few 
followers and a small number of Aleutians had gone in leather canoes 
to the Tchugatschiau Bay in order to become acquainted with the 
natives, when he was attacked by Yakutat Koloshes who were on the 
march against the Tschugatsch Indians for the purpose of making war 
on them. The Yakutat in the darkness of the night had no idea of the 
presence of Jiussians — Before the combat was ended each side had lost 
heavily. 

In 1TU5 Baranow sailed in the ship *'01ga'" to Yakutat Bay, estab- 
lished amicable relations with the natives, and with great eclat planted 
the Russian Hag on the shore and then continued on to Tschilkat Bay 
with 30 men where he in every possible place had crosses erected with 
the inscription: "This Land is Russian Territory''. 

In 1796 Baranow repaired again to Yakutat Bay and during a two 
months sojourn founded a Russian colony which he named "New Rus- 
sia". The most eminent of the native chiefs paid Baranow a visit and 
oti'ered as hostage some of his own children and other relatives. 

Schelechow's death occurred in 1795. The Russian American Co. was 
accorded extensive privileges by ukase of Emperor Paul, for 20 years, 
including the entire coast north of the 55th degree of N. latitude. 
Baranow remained Director of the Colonies &c. for 30 years. 

The Tlinkit Indians during the winter of 18t»4: had lived scattered, 
but they united again and built a new fort on Chatham Strait opposite 
Chutsinn. On invitation from Baranow the Tlinkit sent envo3\s and 
concluded a treaty of peace. 

Langsdorff, a traveler, accompained by an American trader named 
Wolf, visited the new Tlinkit settlement on Chatham Strait in 1806, 
and found the place and fort inhabited b}^ about 1400 natives. 

Baranow was succeeded in 1818 by Capt. Hagenieister as Governor. 
His successor was Muraview from 1821 to 1826. Under his adminis- 
tration an important measure was inaugurated by which the relations 
between Russians and Tlinkit Indians were materially improved. 

As many as a thousand of them were allowed to settle with their 
families and property close to the Russian settlements. This gave the 
Russians better control over all the Indian tribes. (See Liitke, Voy- 
age autonr du monde I, 112.) 

[Page 66.] Renting of territory at the mouth of the Stakhine River 
to the Hudson Bay Co. for 10 years from June, 1840 in consideration of 
the annual rent of 2000 Columbian Otters — Renewal for 10 years in 
1849. 

* * «• * * «■ * 

From 1840 to 1845 Etolin was director of the colonies. He insti- 
tuted a measure which largely contributed towards bringing about 
more friendly relations between the Russians and the natives. In 1841 
he invited the natives to a fair at New Archangel where the guests 
were hospitably feasted and banqueted. After the atiair had been 
announced in all adjoining settlements of the natives, about 500 of the 
most distinguished Tlinkit gathered in a building which had been 

21528—03 24 



258 PAPERS RELATING TO 

erected for that purpose near the fort. The Government issued a 
decree for the repetition of these fairs from time to time. 

In 18il and isiii Georo-e Simpson made a tour of inspection through 
the territory of the Hudson Bay Co., on which occasion he also paid a 
visit in company with Mr, Freimann, of the Russian American Co., 
to the Russian Possessions in America. Smij^son journej'ed through 
Canada over kind to Fort Vancouver on the Columbia River, where he 
eml)arked for the North in a long boat propelled by steam (steam 
launi.-h) in order to investigate the condition of the different posts 
along the shores, particularly the recently estalilished Foi"ts Stikine 
and Taco on the strip of coast rented to the English by the Russian 
American Co. After a lengthy visit to Sitka on two different occa- 
sions Simpson returned to Europe by way of Siberia. His book 
furnishes a good deal of information regarding the natives of British 
Columbia, as well as in regard to the Tlinkit, Sitka, Stakhin, and Taku 
Indians, which are verj' interesting. 

In order to bring about a closer union between the Tlinkit and the 
Russians, there was created in 1842, under Etolin\s administration, 
the dignity of a supreme chief of the Kolosches. In accordance with 
a proposition of the colonial council a baptized Tlinkit, named Michael 
Kuchkan, was invested with the office. He belonged to a distinguished 
Tliidvit family. In 18(>2 a supreme chief was also appointed at Stak- 
hin by the colonial council. 

From 1845 to 1850Tebenkow w^as governor of the colonies. Etolin, 
it seems, failed to continue in his efforts to establish friendlj^ relations 
and intercourse with the Tlinkit, and it is reported that his successor, 
Ro.senberg, governor from 1851 to 1853, from excessive anxiet}' of com- 
plications, entirely broke oft' all intercourse. The evil consequences 
of this policy were inevital>le. In 1852 fort}^ Stakhin Indians who 
had gone among the Sitkas in order to conclude peace with them, were 
treacherously murdered by the latter, right in sight of the Russians 
who did not stir to prevent the cowardly deed. In retaliation, the 
Stakhins, to gratify their vindictiveness, destro3'ed the hospital which 
had ))een erected by the Russians at the sulphur springs. In 1855, still 
greater excesses were committed, in the administration of Wojewodskow. 
When a sentinel refused to allow the Tlinkit Indians to remove some 
tire wood which was intended for the compan}', the}' attacked him with 
dirk knoves and severelv wounder him. The demand of the chief for 
the Tlinkit to surrender the guilty persons remained unheeded and was 
res})onded to l\v threats from the natives. Even two cannon shots tired 
along the shore by order of Wojewodskow were of no avail. A multi- 
tude of armed Tlinkit moved against the stockades and threatened to 
destroy them. A shot was fired and a Russian was wounded. Wojew- 
odskow now ordered that the aggressors be fired on. Even this did no 
good. The Tlinkit held their own; some attempted to invade the har- 
bor, others seized the wooden church which had been erected for divine 
service in the language of the natives outside of the stockades, and 
'oegan to fire out of the windows of the church. After a two hours 
hard fight, having suffered some losses, they gave up the battle and 
agreed to give hostages. Their loss is said to have aggregated 60 in 
dead and wounded, while the Russians had two dead and 19 wounded. 
The combat, however, had demonstrated to the Tlinkit the superiority 
of the Russians and after that they showed a more peaceable demeanor. 

[Page 332.] As a proof of the constantly increasing influence of the 



RUSSIAN OCCUPATION UP TO 1867. 259 

Russians over the Stakhin Indians it is cited that one of their chiefs, 
Kuatche, who in 1837 had sentenced to death one of his slaves, listened 
to Russian suasion and pardoned the slave. For this act the emperor, 
on recommendation of the Governor, presented the chief with a gold 
embroidered caftan and a fur cap. Subsequently many more slaves 
intended for sacrifice, were ransomed by the Russians, in which trans- 
actions the Tlinkit who cared only for gain, made good bargains. 

Christianizing efforts among the StaJi^'/i/'ns and other tribes of the 
Koloshes by Ivan Weniaminow and Litwinzow who up to the year 
1860 baptized 447 Tlinkit — Weniaminow was appointed bishop under 
the name of Innocenz. From 1840 he established schools and a semi- 
nary for Creoles and Tlinkit, all of which were connected with churches 
and chapels. Schools were also erected for the officials and servants 
of the Company and these were maintained at the expense of the colo- 
nial government. The last of these schools, the best students in 
which were sent at the Company's expense to St. Peterslnirg for man- 
ual training, was established in 1860. The flourishing condition of all 
these schools which was very promising, received a complete check in 
1867 when Alaska passed into the possession of the United States. 



Governor Slrnjyson to the Manager of the Russian American Comjxmy. 

Columbia River, Fort Vancouver, March 20, 1829. 
To His Excellency the Manager of the Russian- American Conqxiny in 

Archangelsk^ or in case of his ahsence to his representative. 

The bearer, Mr. Simpson, Lieutenant in Her Britannic Majestv's 
Navy, General Manager of the Hudson's Bay Company on this coast, 
being now on his wa}" northwards to inspect the harbour of Nass, w^here 
we intend to found next year an office for the promotion of commercial 
relations with the natives, has also been directed to visit the principal 
establishment of the Russian American Compan}^ at Novo-Archangel 
in order, with your aid, to enter into such relations with this Company 
as may, I trust, be in the future of benefit to both Companies. (2) 
The Chartered Company, whose representative I have the honor to be, 
is certainly known to you by reputation and by the extent of its busi- 
ness. In order to give you an idea of its importance I deem it neces- 
sary to acquaint you with the field of its operations extending in North- 
America from St. Laurence Bay to the mouth of the Mackenzie River, 
which flows into the Arctic Ocean and from the Atlantic to the Pacific 
Oceans. (3) Up to the present time our attention on this side of the 
continent has been directed to matters relating to the interior lands, 
but now we have in view the extension of our commerce to the coast 
and the establishment of a house near the northern frontier. This 
will greatly increase the opportunities for communication between us 
and, I hope, will consolidate the friendly relations which we have so 
long wished for. Our desire is to enter into such relations, as will 
tend to our mutual benefit and we, for our part will do all we can to sup- 
press all attempts at unfair rivalry and competition, which are always 
dangerous to both parties. (4) We know that the guarding of the coast 
constitutes a service due to the fierceness of the natives; but the strict 
fulfilment of the articles of the Treat}^ of February 28, 1825, concluded 
between the two Courts, in regard to the sale of arms, ammunition and 



260 PAPERS RELATING TO 

spirits and concerning the defensive measures to be taken by us during* 
tlie existence of the understanding between the two Companies, will, in 
ni}' opinion, make our relations with these natives less dangerous than 
before and give the Kussian-American, as well as the Hudson's Ba}" Com- 
pan}", an opportunity of carrying on their affairs with less expense, than 
in case these wise measures be not taken. (5) For the conve3"ance of 
the goods from England to the colonies one and sometimes two ships 
are necessary and we receive our supplies from the manufacturers 
direct on the most advantageous conditions. It having come to our 
knowledge that vou have no regular and direct communication, and 
thinking that perhaps at times you may want some English goods, we 
are ready to furnish you annually with from 50 to 100 tons or as 
much more as may be necessarv, upon receiving a moderate guarantee 
deposit for the lirst expenses and we will be satisfied with a small 
profit. We, on our side, are willing to take furs at saving price, 
paying for them either in bills of exchange drawn on St. Petersburg 
or London, or in cash, as may be the most convenient to you, or as 
we ma}' arrange later. (6) We also agree to furnish annually from -iOOO 
to 5000 bushels of all kinds of cereals and in case 3'ou should want 
them from 8000 to 10,000 hams and salt meats for a certain number 
of years at a fair price. (7) Lieutenant Simpson will give 3"ou the 
description of goods which we order and, should they prove not suit- 
able for your use, you have only to send us samples ancl exact descrip- 
tions of all the goods a'ou desire, mentioning the price and the mode 
of payment 3'ou offer. W^e, for our part, will not leave you in igno- 
rance as to next year, if we agree to your off'ers. (8) Mr. McLoughlin, 
head factor and chief resident-Manager of the Hudson's Bay Compan}^ 
on the western coast of the continent will be much pleased to receive 
your reply to this communication, because 1 intend to leave for Europe 
in a short time. However, as chief representative of the Hudson's 
Bav Company, I guarantee that whatever contracts and arrangements 
3'ou may make with the aforementioned gentleman or with Lieutenant 
Simpson, I am ready to confirm and carry out. (D) Li conclusion let 
me express a sincere wish that there should exist between the Russian- 
American and the Hudson's Bay Company the same good understand- 
ing as between our two Governments and assure you that we shall 
endeavor to be of use to everyone connected with your Company who 
is likely to visit us. 

Commending Lieutenant Simpson to your good offices I have the 
honor of remaining. Sir, your most obedient and huml)le servant. 

George Simpson, 
Governor of Euj^ert Land. 



Ihidsori^s Bay Company to Mussian American Company. 

Hudson's Bay House, 

London, Decemher IGth, 1829. 
Gentlemen: I am authorized by the Manager and the Directors of 
the Hudson's Ba\' Company to transmit to you a copy of a letter, dated 
Colum1)ia River, March 20th of last 3^ear from Mr. Simpson Chief 
Manager of the Company in North America, to the Chief Manager 
of your affairs in Novo-Archangel on the North-western coast of 



RUSSIAN OCCUPATION UP TO 18(37. 261 

America and I am also authorized to inform you that the Manager as 
well as the Directors, express full consent and entire confirmation of 
the otters made in this letter. From information obtained l)v the said 
Mr. Simpson, who is now stayino- in London, during- his recent visit 
to the Pacific coast, it is quite clear that not only the Kussian-Anierican 
Company, but also the Hudson's Bay Company sufier material damage 
from the sale )\v American manufacturers of arms and annnunition to 
the inhabitants of the North-western coast. For this reason our com- 
mercial relations with the natives are endangered, this is very harmful 
because of the heavy expense necessitated in keeping a large number 
of men to watch over our stores, houses and hunting ground. On 
the other hand, if the sale of arms and annnunition were stopped, 
commerce being free from this danger would prosper and liecome 
jDrofitable for the Russian-American Company, as well a^; the Hudson's 
Bay Company. To this purpose, the Manager and Directors express 
a desire that an understanding may be reacned by the two companies 
for their nuitual benefit and the}^ do not doubt that you will consent 
to their ofier and that your help in taking such measures as will tend 
to reduce to a minimum the danger to which ])oth Companies are now 
exposed. 

It is also known to the Manager and to the Directors that the pur- 
chase from Americans of English products for your Company is very 
considerable and for this reason the}" instruct me, in order that a^ou 
ma}^ be freed from such a heavy eocpense, to announce to yon their 
readiness of supplying you annually at cost price, regardless of profit, 
with whatever (juantiW of P^nglish products you may need. 

The advantage ensuing to the Russian-American Company from 
accepting this proposal is so evident, that the Manager and Directors 
are confident that you will give your early attention to this subject 
and they instruct me to inform you that they will consider it a pleas- 
ure to haA'e relations with you hereafter liecause the}' ai"e convinced 
of the possibility of such united action as will certainly secure to both 
Companies a quiet prosecution and extension of trade, while the pres- 
ent state of things exposes the afiairs of the Company to dangerous 
losses. 

1 have the honor. Gentlemen, to remain your most humble and 
obedient servant, 

W. Smith. 

To the Chief Manager and the Directors of the Russian-American 
Compan}' in St, Petersburg. 



Director Sever in to tlte Minister of Finance. 

[Translation.] 

The Board of Directors of the Russian-American Companj'. February 27th, 1830. 

No. 175. 

Excellency: The Board of Directors of the Russian-American 
Company has recently received a report from the well-known Hud- 
son's Bay Company of England. This report refers to two sul^jects: 

(1) Tlie Hudson's Bay Company, wishing to estaldish a trading sta- 
tion on the British territor}- near our colonies, but fearing opposition 
from the savage and aggressi^'e natives, invites the Russian-American 



262 PAPERS RELATING TO 

Company to join them in preventing the sale of tire-arms and to ren- 
der mutual help at an}- time during attacks bv the natives. 

(2) Because of the difficulties which the Russian-American Com- 
pany has encountered u]) to this time in providing its colonies with 
all supplies, the Hudson's Bay Company expresses its readiness to 
furnish all such supplies to the said colonies at reduced prices. 

The Board of Directors presented this report for the consideration 
of the Council of the Russian-American Company who after having 
considered it, resolved, in their miiuites dated February 25th last, as 
follows: 

1st. In regard to the tirst subject to say to the Hudson's Bay Com- 
pany that the Russian-American (Company, guided by the Convention 
of February 28th, 1825, between Russia and Great Britain has strenu- 
ously forbidden the sale of tire-arms and spirits by the Colonial 
authorities to the natives and will most strictly maintain this rule. 
The Hudson's Bay Company is requested to issue a similar order on 
their side. As to the last subject the Board of Directors of the Rus- 
sian-American Company acknowledges with many thanks the oti'er of 
the Hudson's Bay Company and will permit itself to consider the mat- 
ter further and to give the Hudson's Bay Company a decisive answer 
later, 

2. To present copies of the Hudson's Bay Company's report and 
of the same journal of the Council to Your Excellency on account of 
the importance of the subject and also because the tirst part of the 
Hudson's Bay Company's report refers particularly to the manage- 
ment of the Colonies. 

Accordingly, the Board of Directors of the Russian-American Com- 
pany has the honor to present the said documents for Your Excel- 
lency's consideration, 

Andrew Severin, 

Dlrectm'. 

To His Excellency Count Egor Franzovitch Kankreen, 

Minhtev of Finance^ etc. 



JfinuK/er Drujln'tn t<> Minhtrij of Financr. 

[Tmnshition.] 

Ministry of Finance. Department of Trade and ]Mannfacture. Sect 2. Table 2. 

March 5th, 1830. 

Relative to the pr()])osal of the Hudson's Bay Company to enter into 
relations with the Russian-American Company. 

The Board of Directors of the Russian-American Company reports 
to Your Excellency: 

1. That the well known Hudson's Ba}^ Company, wishing to estab- 
lish a trading station on English territory, near the Russian colonies, 
but fearing the wild and warlike natives, has invited the Russian- 
American Company to join it in its etl'orts to prevent the sale of tire- 
arms and in connnon defense against the natives. 

2. On accoiuit of the difHculty which the Russian-American Com- 
pany has encountered up to this time in providing its colonies with 
necessities, the Hudson's Bay Com])any expresses its readiness to 
supply all such necessities to the said colonies at reduced prices. 



RUSSIAN OCCUPATION UP TO ISfiT. 263 

3. The Council of the Kusslan-American Compan}', to which tiie 
Board of Directors presented the rei)ort for discussion has resolved 
in its minutes, dated February 25th last: (A) In regard to the first 
subject of the Hudson's Bay Company, to say that, in accordance with 
the Convention of February 28, 1S25 between Russia and England, tlie 
Russian-American Company has strenuously forbidden the sale of Hre- 
arms, amnuuiition and si)irits to the natives by the Colonial authorities 
and will most strictly maintain this rule. The Hudson's Bay Company 
is also requested to issue a similar order on their side. As to the last 
subject, the Board of Directors of the Russian-American Company 
acknowledo-ed with many thanks the offer of the Hudson's Bay Com- 
pany and permits itself to consider the subject further and to give the 
Hudson's Hay Compan}^ a decisive answer later; and (B) to present 
copies of the Hudson's Bay Company's report and of the same journal 
of the Council to Your Plxcellencv, on account of the oeneral impoi'- 
tance of the subject and also because the first part of the Hudson's 
Bay Company's report refers particularly to the management of the 
Colonies. 

From the copies of the Hudson's Bay Company's reports, presented 
by the Board of Directors to the General Manager of the Russian- 
American Colonies in America, and from comnuinication of the author- 
ized representatives of this same Company to the Board of Directors 
of the Russian-American Company, it appears: 1. (a) The Hudson's 
Bay Company expresses its readiness to furnish annually to the Colo- 
nies of the Russian- American Company; from 5(» to 10() tons, or as 
unich more as may be necessary, of English goods at reduced prices, 
taking in i)ayment therefor furs at saving prices, paying for them in 
bills of exchange or cash as may be arranged later, and (b) from 4000 
to 5000 bushels of all kinds of cereals and from 8000 to lOODO hams 
and salt meats, for a certain number of years. 

2. The authorized representatives of this same Company report to 
the Board of Directors of the Russian-American Company that the 
said Company expresses a readiness to furnish to the Russian-American 
Colonies the necessary' quantity of English goods at cost price with 
the invoice, but not to make it a particular branch of trade. 

Inquiry. — 1. By virtue of the franchise granted b\' the Emperor to 
the Russian-American Cbmpany September 13 1821, the following 
facts are patent: 

Section 31 establishes that all arrangements covering the manage- 
ment of the Company are entrusted to the Board of Directors, there- 
fore it is obliged to have the welfare of the Company constantly in 
view, to look after the safety and well-l)eing of its colonies, to safe- 
guard and extend its credit; in a word not to let slip auy of the ben- 
efits granted to it without ever overstepping the limits prescribed to 
the Company in its rules and franchise. 

Section 35 establishes that the Company is obliged to justify in 
ever}' possible way the trust imposed upon it; to keep in good condi- 
tion the colonies handed over to it for its particular benefit; to avoid 
everything that coidd cause ruptures with the adjacent States, to have 
in view in all its undertakings, the general benefit of the mother- 
country and to observe strictl}' the limits prescribed to the Company 
in its franchise in rides. 

Section 36 concerns the method of management. The Company 
reports directh' to the Minister of Finance and in case of necessity he 



26-4 PAPERS RELATING TO 

makes comments upon the reports. It' the Company does not feel 
inclined to consent to the Minister's sug-gestions he then informs His 
Imi)eriul ]\Jujesty. 

2. By virtue of Conventions concluded l)v Russia with the United 
States on April 5 IT, 1824, and with England on February 16 2sth, 
1825, the subjects of these Governments are forbidden either to sell 
or to furnish in an}' way whatever spirits, tirearms, weapons of any 
kind, gun-powder or any other kind of amuuuiition of war, to the 
inhabitants of the American Islands. 

Co/iclus/'ot). — The Department of Trade and Manufacture has the 
honor therefore of reporting to Your Excellency the above explanatory 
report of the Board of Directors of the Russian-American Company, 
concerning the proposal of the Hudson's Bay Company to enter into 
friendly relations with our Companv. 

J. Drujinin, 
Manager of the Depai'timnt. 

KOROSTOVZEFF, 

Ch lef of Scctlov . 



Report of tJie Gocenior to the Board of Directors of tJw Russian Aimr- 
ican Comyany^ May 6", 1832 {No. 133). 

[Translation.] 

I do not deem it superfluous to communicate to the Board of Direct- 
ors the information collected l)y me with regard to the new settlement 
of the Hudson Bay Company in Observatory Inlet and of its opera- 
tions in our neighborhood. 

The above nientioned Company has taken a firm footing in the above 
cited Bay, in a locality named Naas: the establishment is in a good 
defensive position and the stores ai'e tilled with the necessary merchan- 
dise. The natives were won over by generous presents to the ciders 
and their kind treatment of all. The Company's vessel put in last 
spring at Kaigany (Puerto Cordova) for the purpose of trading with 
the natives, where there were already two American ships. The 
Company's vessel, having goods of better quality than the Americans 
paid with the same number of blankets as these latter (i. e. one blanket 
per river beaver) and greatly injured the trade of its competitors, and, 
according to their own Avords, the Hudson Bay Con)pany will surely 
soon crowd them out of the competition. Mr. Simpson (chief of the 
establishment on naval aflairs). inspecting the straits situated to the 
north, had tlie intention of estal)lishing a settlement last year in the 
Stikine territory (at the southern mouth of Prince Frederick Sound) 
u]) the river falling into this bay at such a distance from the sea as 
not to infringe upon the last convention concluded ])etween Russia and 
( Treat Britain with regard to our frontiers. Although Mr. Simpson's 
sudden death temporarily put a stop to this intention, it is pro))able 
that it will not be for long and in a year or two the English will occupy 
a post there also undoubtedly in prejudice of our connuercial relations 
with the Kolosh. For the excellent <[uality and al)undance of the 
merchandise of the English constitute an attraction to the Kolosh 
which we have no means to compete with, and there is no doubt what- 
ever that if the Board of Directors does not tind means to supply 



RUSSIAN OCCUPATION UP TO 1867. 265 

the colonies with merchandise of such quality and in such quantity 
as to 1)e able to hold out against the .Hudson Bay Company, this 
company will be in possession of the whole fur trade in northwestern 
America from Cross Sound or even from a more northern point to 
the south as far as the coast of California. The principal trade con- 
sists of river beavers of which about 10,000 skins are collected 
yearly. Consequently the company spends on the beavers alone, 
without countinu- surplus payments, about 10,000 blankets. 1 beg 
the Board of Directors to weigh the matter and instruct me accord- 
ingly. Must we and can we enter into competition with the Hudson's 
Ba}' Company-^ If I 1)e allowed to express my opinion, 1 declare 
that the Russian American Company ought not to remain a suffering 
witness of the operations of the English, but should take measures 
to withstand them, a thing that can be attained only by supplying 
the colonies abundantly with the necessary merchandise; -then it will 
be possible for us to visit the straits ourselves, for we must not come 
to the Kolosh empty handed if we do not wish to be a laughing stock 
to them by showing our poverty. I hope that I have relieved the 
Board of Directors from the difiicult duty of sending grain to the 
colonies from Okhotsk by supplying the colonies for two years in 
advance, hoping to suppl}' them in sufficient quantity in the future 
also; I consequently think that the Board of Directors will direct its 
efforts to the forwarding of larger quantities of merchandise. I again 
repeat what I have already said in another place that all the efforts of 
the Board of Directors to extend our. trade can meet with no success 
whatever with the continual lack of merchandise existing at present, 
and (if I may so express it) our extreme avarice in paying with beads 
and fingle-fangle can never encourage the natives in their trade; their 
labors ought to be rewarded by articles of real utility such as clothing. 
It is true that the percentage ()f the profit will be less, but the ciuantity 
of the merchandise traded will be greater and instead of 5,000 beavers 
we will send out in time twice as many. 



Hejxjvt of the Govevnoi- to the Board of Direct<rs of the Bu^.s/'cn 
American Comixmy^ April ^5", ISSlf. {No. 190). 

[Translation.] 

Having received a considerable supply of merchandise on the char- 
tered vessel Carnarvon and the military transport America in the fall 
of 183:2, I was enabled to enter into direct communication with the 
Kolosh of the neighboring straits, sending a vessel to their settlements 
and endeavoring to estal)lish a settlement on an advantageous point for 
this trade. 

Cruising in the straits is frought with difficulties in autumn and 
winter, therefore having awaited in the spring of 1833, the arrival of 
the Assistant Governor of the Colonies. Captain Etholine, from Cali- 
fornia, I detailed this officer to prepare the brig Ch/chagofior crusing 
in the straits, to put it on a war footing, take merchandise on board, 
and to navigate over all the principal parts of our straits, to get 
acquainted with the localities, the inhabitants and the mode of trade 
with them and report to me on all these points. 



266 PAPERS RELATING TO 

The brio- Chlcluujoff sailed on April 3 and returned by a new, yet 
untried route through Peril and Olga straits on May 26. Captain 
Etholine fultilled the mission entrusted to him with his usual skill and 
foresight, laid the foundation of our present possession of the trade in 
the straits which was, so to say, monopolized by the citizens of the 
United States and the Hudson Bay Company. 1 enclose herewith the 
originals of his reports, as well as his meniorandum of travel. 

On account of the war waged between the inhal)itants of Stachin 
with the Sitka and Chilkat Kukhantans, it was not easy to gain the 
contidence of tliis people; but the trade in river beavers in Stachin 
seemed sufficiently important for us to endeavor to get better acquainted 
with the inhabitants of those regions, in which Mr. Etholine fully suc- 
ceeded and ascertained even their readiness to allow us to settle among 
them. Having found out that the British Hudson Bay Company 
intended to settle there likewise by invitation (according to the Con- 
vention the British have a right to settle at a distance of 30 Italian 
miles from the sea on the river Stachin and to navigate freely on the 
river), I decided not to lose time and immediately ordered the send- 
ing out of brig Cliichmjolf under command of Lieutenant Zaremljo, 
after her return from an expedition in quest of islands, to Stachin, 
with the provision that the brig should remain there to winter and 
that the construction of a redoubt should be proceeded with, after 
obtaining permission from the natives. 

In obedience to this order Lieutenant Zarembo left Novo-Archangelsk 
on August 28 and returned on March 8, having discovered a direct com- 
munication with Prince Frederick Sound, by means of which and the 
Olga strait the distance between Stachin and Novo-Archangelsk has 
been shortened so that brig Clilchagoif made this route in 7 days, all 
stoppings and laying in wait for favorable winds and currents included. 
Mr. Zai-embo fultilled my expectations, rendered firm our friendly 
relations with the Stachins, founded the redoubt and brought back over 
one thousand furs of river beavers and otters not including others. 1 
enclose herewith an extract from his report. 

* * * * -K- * * 

The unfinished buildings were left in the care of the toens and as a 
proof of their friendship to us one toen and the son of another, the 
chief toen, arrived here on board the ChicJiagoff. 

These guests were received by me in the best manner possible and 
will be taken to their homes on board the brig Cldchagoff which will 
sail under command of Lieutenant Zarembo, to the straits and to 
Stachin in May for the purpose of completing the buildings, trading 
and awaiting to lie relieved by schooner (JliUhat^ now in construction 
and which I intend to send under command of Second Lieutenant 
Kuznetsotf to trade in Chilkat and thence to Stachin where she will 
have to winter for the greater safety of the new redoubt. 

******* 

^Merchants from the United States did not visit the straits during the 
past winter and our only rival is the Hudson Bay Company. Fortu- 
nat(^ly for us they lacked merchandise in Naas, but this will soon be set 
right by extensive orders on the Sandwich Islands where the Governor 
of Columbia has sailed for the purpose of purchasing merchandise. 
****** * 

The greatest trouble I have now is the Hudson Bay Company which 
is allowed bv the Convention to navioate freelv on rivers falling into 



RUSSIAN OCCUPATION UP TO 1867. 267 

the sea in our possessions, for it is the region neiohboring upon the 
rivers which furnishes us with beavers and not the coast, and 1 beg of 
you that should an}" other convention be signed (the term of the old 
ones having expired) you should solicit that free navigation on the 
rivers should at least ])e limited by the cotidition that free navigation 
to the British from the interior to the sea should not 1)e forbidden, while 
free navigation from the sea up the rivers should be prohil)ited. 
Of course it would be best not to allow any navigation whatever, 
though I think that it will not be possible to manage it. However, this 
circumstance will depend upon diplomatic transactions and until fur- 
ther instructions I will hinder the British by force from sailing up the 
Stachin river. 

****** -::- 



Report of Chief Trader P. S. Ogdtn of Tranmetlons it Stlhine, 1834- 

On the ISth June we came in sight of the Russian establishment on 
point Hightield, within a distance of 15 miles, when a Kussian boarded 
us, and the officer not understanding the English or French language, 
we could only comprehend a few words of no import; he handed me 
a proclamation, signed by B'^". Wrangell (for its contents see Procla- 
mation N. 1) and shortly after took his departure. About two hours 
after, as we were casting anchor, another Kussian boat with a Kussian 
officer boarded us, and by signs and with the assistance of an Indian 
interpreter gave us to understand, we must not cast anchor, but imme- 
diately depart. To this order I paid no attention. Having invited 
him down to the cabin, all I could comprehend from him was, that they 
were determined to use force against us and requesting me to write a 
note to the Commander (for its contents see No. 2). Having complied 
he took his departure. He had been scarcelv gone an hour, when 
again a Kussian officer in a baidarka l)oarded us. This gentleman also 
neither understood the French or P^nglish language, but was accom- 
panied by a Spanish linguist, with the assistance of Surgeon Tolmix, 
we could understand that the purport of his visit was merely to repeat 
what the others had said. 

June 19th at 6 a. m. the Russian officer who boarded us last night, again 
attended b^^ his Spanish linguist, paid us a visit, the purport of which 
was to invite me to their establishment, informing me that an expres 
had been sent to Sitka and that we must not trade with the natives. 
To this I replied, that the treaty granted us the right of trade, and 
that some of the gentlemen would in the course of the day visit their 
establishment; he then took his departure. At 10 a. m. Surgeon Tol- 
mix and Captain Duncan by my request proceeded to the Russian 
establishment and at 12 o'clock returned and reported as follows. 

They found a Kussian brig mounting 14 guns with a crcAV of 84 at 
anchor on front of their establishment, to which they were invited and 
Captain Sarembo the commander gave them to understand through 
the assistance of the Russian-Spanish linguist, that he would make use 
of the force he had against us, if we attempted to proceed up the river 
in our boats; he did not deny we had a right to erect an establishment 
in the interior of the English territory, but we had no right to navi- 
gate these streights and his orders were to prevent us with the force 



268 PAPEES RELATING TO 

he had under him and he would not deviate from them unless he 
received contrary instructions from Bon AVrano-ell. Shortly after their 
return, a Russian boat with a Spanish linguist arrived, and he informed 
me he was on his way to Sitka and requested to know if I would write? 
With this request 1 complied (see N. 3.); he said in 8 days he would 
aoain l)e here. 

June 21st. I this day paid a visit to the Russian establishment and 
was politely received by Captain Sareml)o, the Russian Conunander. 
This gentleman understands a few words of English, and he gave me 
directly to understand, that if we attempted to proceed up the river 
in our boats, he would use force against us. 1 represented to him 
that the treaty between Great Britain antl Russia gave as the right of 
navigation; to this he replied: ''mv instructions are to prevent you, 
and by these and not by the treat3\ shall I be guided.''' He then 
remarked: "in live days my express will be here from Sitka and I 
shall then have the decision of the Governor." We then separated. 

June 22d. The Russian Commandant Captain Sarembo paid me a 
visit and with the assistance of a Swede we have on board, he again 
gave us directly to understand, that if we attempted to proceed up the 
river or trade with the natives, he would use force against us. His 
instructions were to that etifect and that l)y the return of the l)oat from 
Sitka he would receive fresh instructions. He left with me by mj" 
request a written document in the Russian language, relative to the 
prohibitions he has imposed upon us (see N. -i 3). Mv situation now 
is Ijccoming not onlv more unpleasant, but 1 tind myself most critically 
situated and assuredly at a loss how to act. If I attempted to act con- 
formably to the treaty, I am aware I should he justitied, but 1 am 
lirmly of opinion, from the determination to oppose us so invariably 
expressed by the Russians, that it would be attended with the loss of 
lives. 

June 29th. This dav the two Russian boats arrived from Sitka and 
I received an answer to' my letter from C. Etoling (see N. .5 3) and 
shortly after 1 had an interview with Cap". Sarembo, who informed 
me he had not received any contrary instructions and was determined 
to prevent our proceeding up the river; he at the same time remarked, 
he regretted his instructions from B"" A\'rangell were to that effect, 
but whatever the consequences might be, he was determined to enforce 
them; he then delivered to me document (N" 6 3). 

I have no alternative left, but to leave this quarter without making 
any further attempt and however galling it is to be obliged to yield 
under present circumstances, I cannot act otherwise without sacriticing 
lives, and I am tirmly convinced after all would not succeed. 

(Signed) Peter Skeene Ogden, 

H. B. C°. 



[Inclosure No. 1.] 

Governor of tlie Russian American Colonies, Port Captain of H. I. ]\I.'s Navy, 
Baron WrangeJ does herel)y announce to Commanders of foreign ships that the 
Hon'''*^ Russian American Company's Brig "Tschitschagoff", captain Sarembo, and 
schooner "CheelKat", captain Coosnetsoff have orders to take their stations in the 
straits witliin the territories of Russia, that is to say northward of 54° 40' hititude, 
where no foreign ship or vessel has now a right to trade with the Indians, by vir- 
tue of a sanctioned Convention, concluded between His Majesty the Emperor of 



KUSSIAN OCCUPATION UP TO 1867. 269 

Russia and the President of the United States, as well as with His Majesty the King 
of Great Britain, which convention the Governor of the Colonies hopes will not be 
violated by any Englis^h or Ainericiin vesii^el. 

New Archangel Port 8itka Sound, 31ay 15/27th 1834. 

(Signed) ' Bakox Wraxgel. 



[Inclosiire No. 2.] 

Stikixe, ISIh June, 1834- 
To the Superintendent of The Russian ExtahJishment— Present. 

Sir: The right of remaining here granted us by the Treaty of Commerce between 
Great Britain and Russia, we are determined to avail ourselves of and intend pro- 
ceeding ten marine leagues inland to erect an establishment. 

(Signed) Peter Skeen Ogden. 



[Inclosure No. 3.' 



Stikixe, June 20th, 1834. 



To Governor Wranciel, 

Of the Russian Territories. 

Sir: Your proclamation dated 15th May 1834 from Sitka, prohibiting British ves- 
sels from trading in these straits is now before me, and I have to remark that my 
instructions from the Governor of the Honorable Hudson's Bay Co., residing in 
Columbia River, are to trade and form an establishment ten marine leagues inland, 
in accordance with clause 2nd, art. 4 of Convention entered into between Grreat 
Britain and Russia; and in regard to art. 6th of said Convention " that the subjects 
of His Britannic ^Majesty, from whatever quarter they may arrive, whether from the 
Ocean or from the Interior of the continent shall forever enjoy the right of naviga- 
tion freely and without any hindrance whatever, all the rivers and streams which in 
their course towards the Pacific Ocean, may cross the line of demarcation upon the 
line of coast described in art. 3. of said convention". 

And in regard to art. 7, which does not expire before February 1835, I am as a 
British subject and Representative of the Hudson's Bay Co. and in accordance with 
my instructions, determined to avail myself of; and should any impediments be 
placed in my way contrary to said Convention, You, Sir, must hereafter be respon- 
sible for the consequences. 

I have the honor to remain, etc. 

(Signed) Peter Skeex Ogdex. 



[Inclosure No. 4.] 
[Russian document, badly copied and undecipherable.] 



[Inclosure No. 5.] 

North West Coast of America, 

Neiv Archangel Post. 
Sir: Having been informed l)y Lieutenant Sarembo, of the Imperial Russian 
Navy, commanding the Brig Tsch'llschagqf at present stationed at Stakine and belong- 
ing to the Russian-American Company, under the high protection of His Imperial 
Majesty, who, at the same time has just transmitted to me your letter addres.sed to 
the Grovernor of the Russian Colonies in America, Baron de Wrangel, that you 
intend entering the river Stakine, in order to establish a settlement in the interior 
of that country — I have the honor to inform you. Sir, that the Governor of the Col- 
onies being atthis moment, absent from the Port of New Archangel, I cannot give 
you any positive answer in the matter, and though by Art. 6 of the Convention con- 
cluded on the 28/16 of February 1825 between Their ]\Iajesties the Emperor of all the 
Russias and the King of Great' Britain and Ireland, British subjects are allowed to 
enter the river Stakine, still in Article 2 of the same Convention, it is specifically 
stated that "the subjects of His Britannic Majesty, shall not land at any point 
where there is a Russian settlement without the permission of the Governor or 
Commandant, etc. ;" and, as communications between British subjects and their pro- 



270 PAPEES RELATING TO 

jeeted settlement up the river Stakine must be made, now as well as in the future, 
across the place already occupied by us and situated within the limits of the Russian 
frontier, no permission can be granted for that purpose, unless it pleased you. Sir, 
befoi'e undertaking your project, (which besides, would be quite contrary to the 
interests of the Russian-American Company and would entail its evident loss) to 
have a personal conference with the Governor of the Colonies whose return to New 
Archangel is fixed for the end of the month of August. 

In regard to Lieutenant Sarembo, Commandant of the ship stationed at Stakine 
and of our redoubt at that place, he is ordered to act exactly in the sense of x^rticle 
II of the said Convention, which, we hope, will be likewise punctiliously observed 
by British subjects. 

I have the honor to be, etc. 

(Signed) A. Etoline, 

Deputy Gorernor of the Russian Colonics in America. 
26/14 June, 1834. 
To Mr. Peter 0(!DEX, 

Of the Hononthle Company of Hudson Buy. 



Letter of Crq^tahi Etlwline to Lieutenant Zareniho., June 13^ ISSlf,. 

[Translation.] 

Deak Sir, Dyonisius Theodorovich: I had the pleasure of receiv- 
ing this afternoon your letter of the 8th instant and tomorrow morning 
when the men 3^ou have sent will have rested a little, the}' will imme- 
diately start on their return trip with answers to your despatches. I 
congratulate you for the successful achievement of your work and 
your trade with the natives, but the arrival of the British will probabl}- 
cause 3'ou many delays. 

In any case I recommend strict compliance with the instructions 
given you by Baron Ferdinand Petrovich Wrangell, i. e. to impede 
with all your might the penetration of the British into the place alreadj'^ 
occupied by us, as according to article II of the Convention they are 
not allowed to stop at those places without the permission of the Gov- 
ernor or Connnandant; howcA^er, I beg of you to see that you do not 
infringe article XI of the Convention. Should my letter and your pro- 
testations fail to convince Mr. Ogden and he still insists on i)enetrat- 
ing into the river, do not even then employ force, but only announce 
to Mr. Ogden that he is breaking article II of the Convention and that 
article XI of the same Convention forbids you to employ force against 
him, and that for this reason his action will be brought to the knowl- 
edge of our Government and afterwards further to where it belongs, 
and that he, Mr. Ogden, takes too much upon himself if, in spite of 
our non-agreement, he decides to enter the mouth of the river Stachin, 
as this matter must certainly be decided by the Government or at least 
b}' the Governor of the Colonies. 

Having no one else I am sending you Dalstrem as interpreter of the 
English language; although he is no professor of this language, still 
you will })e able to make yourself understood ])y Mr. Ogden. 

Your news with regard to the favorable attitude of the Stachins 
towards us and their sentiments with regard to the settlement of the 
British arc somewhat comforting. They certainly have full right to 
prevent the British from settling up the Stachin river as it Avill take 
away all their trade from them and the advantages derived from it. 

I will send tomorrow a courrier to the Commander of the schooner 
CliUlxat Second Lieutenant Kuznetsof, with the order to hasten to 



KUSSIAN OCCUPATION UP TO 1867. 27l 

Stachin, principal!}' for the purpose of liringino- to 3'ou as fast as pos- 
sible the interpreter Gedeon who is indispensable to 3'ou now for your 
transactions with the Kolosh. 

******* 

Wishing 3'ou full success, with true respect and devotion I have the 
honor to remain, Sir, Your humble servant, 

(S g-'d) A. Etholine. 

Port Novo-Akchangelsk, June 13, 183Ji.. 



Listruction of Captain Ethol'me to Commander of hr!g '''' Chichagojf,'''' 
Lieutenant Zareniho^ June llf,^ ISSJi {No. 0). 

[Translation.] 

1 have received your letter and report of the 8th instant and hasten 
to inform 3'ou with regard to the above, that, although according to 
article VI of the Convention, concluded on February 16 28, 1825, 
between their Majesties the Emperor of Russia and the King of Great 
Britain, we cannot prevent Mr. Ogden from sailing up the Stachin 
river for the purpose of establishing a settlement on the British fron- 
tier, as you have informed me in your letter, according to article II 
of the above mentioned Convention, the British are forbidden to 
anchor at points already occupied by us without the permission of the 
Governor or the Commandant, and I beg of you to act according to 
instructions by you received from the Governor of the Colonies, with- 
out, however, infringing upon article XI of the Convention. As 
regards the trade with the inhabitants of Stachin it is easy to under- 
stand that the British have no right whatever to carry it on because 
of our settlement there. I enclose herewith for your guidance a Rus- 
sian translation of a French letter written bv me to Mr. Ogden and 
which I request 3'ou to forward to him; at all events I have ordered 
the Commander of the schooner Chill'at, Second Lieutenant Kuznet- 
soff, to immediately hasten his arrival to Stachin where he will place 
himself at your disposal. With regard to his return to Novo-Arch- 
angelsk I beg of 3'ou to act according to instructions alread}' received 
by you. 

I am sending back to you the whaleboat 3^ou sent me and I found it 
advisable to send 3^ou a six-oared boat with six men to reinforce 3^our 
command; the}' are undei* boatswain Dalstrem who can be useful to 
you in \'our transactions with the British. 

* * * * * * * 



Chief Trader Ogden to John McLoughlin. 

Fort Vancouver, Wth December , 183 Jf.. 
John McLoughlin Esq"". 

Sir: In conformity with your instructions dated Fort Vancouver 
10th May 1831 addressed to me to proceed to Stikine river which dis- 
charges in Clarence^s Straits, to erect an establishment on British ter- 
ritories, ten marine leagues from the ocean, as by the right granted to 



272 PAPERS RELATING TO 

British subjects in article 3 of convention between Great Britain and 
Russia. Having for this express purpose in fall 1833 with consider- 
able expense ascended the Stikine river and formally taken possession 
of a S[)ot suitable for erecting- an establishment, I accordingly after 
considerable derangement of our affairs on the coast, attended with an 
enormous expense in goods and provisions and serious loss of time, 
collected a party of sixty-four servants and eight officers and reached 
Stikine River on the 18th June and I now beg leave to refer you to 
the enclosed documents for its not having been in my power to com- 
ply with your instructions. 

1 remain Your Obe't. humble Serv't., 

(Signed) Peter Skeen Ogden. 

[Foi- copies of enclosures see Nos. 1 to 5, Ogden's Report.] 



Joltn JIcLoiKfhJhi to the Governor^ etc., of the JLidson^'^ I^'^ll Com, 

ixiny. 

Fort Vancouver, 
Columbia River, 17 th March, 1835. 
Jo the Governor, Deput)/ Governor and Cohiniittee of the Honorable 

Hudson'' s Bay Company. 

Honorable Sir: On the 14th December Mr. Ogden arrived from 
the Northwest coast and I am sorry to inform you that the Russians 
have prevented Mi'. Ogden forming the establishment you directed 
us to build on the bank of Stikine river, and for which he had selected 
and marked out a situation in 1833, as you will see h\ the accompany- 
ing copy of the correspondence between Mr. Ogden and the Russian 
officers Capt. Sarembo, Etoline and Baron Wrangell, N". 1., and Mr. 
Ogden's journal. I will forward the originals for greater security by 
the way of York Factory, and I presume these documents will fidly 
prove that our Rights have been violated by the Russian Authorities. 

In statement herewith is a detailed account of the expenses incurred 
in preparing and attempting to erect this establishment and in making 
preparations to extend the company's trade, according to vour instruc- 
tions, in the British territory north of 51 and which expenses are now 
entirely lost to the company, by the unjust proceedings on the part of 
the Russians and Your Honors will perceive that the wages and 
expenses of keeping the men are calculated up to 183(5 as they are 
under engagement, and I must also keep them until I have Your 
Honors instructions, which cannot reach me before that time and that I 
have limited myself entirely to charge only these with which we are 
acquainted here, and that there are other expenses which you are 
making in England for the purpose of extending the Trade (for 
instance the Steam l)oat mentioned in my last) which will be entirely 
lost if we are deprived of the right of extending the British Terri- 
tory north of 54'^. 

There are othei- losses of which it is impossible to form an accurate 
estimate, such as the loss caused by my detaining the Eagle last fall 
later than you directed in consequence of the non-arrival of intelli- 
gence (as 1 already reported) from the coast, as Mr. Ogden would not 
have it. till he had seen Baron Wranoell, the Governor of the Russian 



RUSSIAN OCCUPATION UP TO 18(17. 278 

settlements on the N. W. coast, so as to avoid every misapprehension 
in the point in question. 

The injury suttered by the derangement of the plans for extending 
the trade to the territory in question is very great in being excluded 
from it, while the Russians reap all the advantage from it, as you may 
depend that all the land fur traded at Stikine and three fourths of 
these collected by the American coasters and us come from the British 
territory north of o-i"^. 

And last but not least the loss of character we sutler in the ej^es of 
the Indians by lieing prevented 1)}^ the Russians from erecting the 
establishment at Stikine, which we had told them in 183^ and 1833 
that we would do and though the company suffers the injury, still 
it affects the national respectability in the eyes of these savages as 
they (without ever giving the least cause for it) consider us identitiecl 
Avith our Govt., this supposition of theirs, 1 believe proceeds from 
the ffrst British vessel they saw, being captain Vancouver's the cele- 
brated navigator, and all the British vessels they have since seen, they 
consider them as Govt, vessels, and Your Honors may depend that it 
will now require double the number of men (to estaldish Stikine) that 
Mr. Ogden had; though I am well aware that your Honors do not 
require an estimate of that kind from me or such details, still as 1 am 
on the spot I consider it but right that I should point them out. The 
Dryad will return from the Island with the salt which Mr. Pelly 
omitted to send per the Eagle and if the timber does not offer a suffi- 
cient inducement to keep her in the country and to emploj^ her in that 
branch of business, she will in this case on her return be sent to 
England. 

I am, etc. John McLoughlin. 

Amount of expenses incurred by the Hudson's Bay Company in the 
attempt to erect an estal)lishment on Stikine river on the North-West 
coast of America, for extending the trade in the interior of the coun- 
try towards Mount Saint Elias and loss sustained by )>eing prevented 
by the Russians from trading on the coast to the ISIorthward oi^ -10' 
Lat., £22,150.10.11. 



The Govt-rnor of the Russian Americcm Company to the Commander 
of the schooner " Ch'dkat^'''' Second Lieutenant Kuznetsoff^ March 30, 
1835 {No. 'Z8). 

[Translation.] 

The mission of visiting the Kolosh straits entrusted last j^ear toj'ou 
you carried through to my great satisfaction and although it was not 
possible to obtain a large number of furs on account of the lateness of 
the season, the preliminary steps have been taken and we must continue 
what Ave have begun. 

As it is of the greatest importance to gain time I recommend that 
you should sail at the first opportunity to the Dyonisius redoubt with 
as much speed as you are able; to land there the Stachin toen Sheksh, 
deliver the cargo for the redoubt and direct your course to the river 
Taku which you discovered last year. Trade there with the natives 
for river beavers and otters, paj'ing them in merchandise at lower 

21528—03 25 



274 PAPEES EELATING TO 

rates than in Stachin or Sitka but at higher ones than they are paid 
by the neig'hboring- Kolosh (Keku, Chilkat and others). I leav^e this 
undetermined requesting 3"ou to ascertain on the spot what rates should 
be fixed in order that the Taku Kolosh should find it more advan- 
tageous to sell their furs to us than to other Kolosh who sell them again 
to us at higher rates, keeping at the same time in view the interests of 
the Company by not increasing the rates more than necessary. 

It is desirable that you should be able to find the Chilkat Kolosh in 
their summer places before they leave for hunting expeditions in the 
interior; consequently, finding that it is useless to stay longer at Taku 
sail for Chilkat and according to the promise given you last yi^av trade 
furs with them remaining as long as you deem necessary at the gath- 
ering places. On your return trip stop at such settlements where you 
might find furs, also at Hootznoo and return to Novo Archangelsk 
endeavoring to reach it in June. 1 beg of you to declare to the Chil- 
kat and Hootznoo elders, according to the conversiition I had in your 
presence with toen Sheksh, that although he begged me that I should 
order you to take him to Chilkat and Hootznoo for interviews with 
the toens there, I refused his request as I did not know if it would be 
agreeable to those toens on account of the well known quarrel between 
them and the Stachins. 



Baron Wrangell to Board of Directors of the Busstan Americati 
Company^ April 30^ 18S5 {Ko. 13Jf). 

[Translation.] 

In despatch No. 190 of last 3^ear I had the honor to forward a detailed 
report to the Board of Directors with regard to the cruise of brig 
Chica<j(>ff'\ under conmiand of the Assistant Manager of the Colonies, 
Capt. Etholine, in the spring of 1833, in the Kolosh Straits of our 
possessions for the preliminary investigation of the localit}" and condi- 
tion of the trade there. The Board of Directors is aware that upon 
receiving the information forwarded by Capt. Etholine concerning 
the above localities, and the advantage which the Russian American 
Company might reap from the kindly disposition of the Stikine Kolosh 
toward us, inviting us to settle there, 1 did not fail to send out imme- 
diately in the autumn of the same year the brig CJilc(i(j(>f^ under 
connnand of Lieut. Zarem))o, to winter there and to establish a settle- 
ment on the River Stikine within the Russian frontiers. This being 
the most important point of the straits for trade with the Kolosh. 

I hastened the more to put this into execution as news had reached 
me that the Hudson Bay Co. had likewise the intention of settling 
there, as by the terms of the Convention, the British have the right to 
settle on the Stikine River at a distance of 30 Italian miles from the 
sea, and to freely navigate on this river. 

The Board of Directors knows that Lieut. ZaremV)o returned from 
Stikine on March 8 of last year, and had succeeded in estal>lishing 
during the winter friendly relations with the Stikine and neighboring 
Kolosh to erect with their consent a solid foundation for the redoubt, 
and had carried on a most successful trade. On May 17 of last year 
the brig Cliichagoif\ under command of Lieut, Zarembo, was again sent 



KUSSIAN OCCUPATION UP TO 1867. 275 

by me to Stikine with a g'arrison and armament for the redoubt, and 
with instructions to complete the Iniildings, trading with the natives 
and waiting- to l)e relieved by the schooner ChUl'at^ which, according' 
to orders given by me, was sent on May 8 under command of 2nd. 
Lieut. Kuznetsolf. to the Straits, first for trading purposes, and then, 
upon her return to New Archangel, on August 6, to Stikine for the 
purpose of relieving the brig L^iicluujotf\ with instructions to winter 
there, having the greater safety of the new redoubt in view. 

Lieutenant Zaremlio returned to New Archangel on September 12, 
and reported to me that during the summer he had succeeded in 
entirely completing all the principal buildings in the redoubt, sur- 
rounding it with a palisade, arming the watch houses, and, in general, 
placing this settlement in a condition of safety against attacks by the 
natives, and establishing trading relations with the inhabitants of Sti- 
kine. On August 26, after the completion of the most important 
work, the iiag of the Russian American Company was hoisted with 
the regulation salute and by my orders the name of St. Dionysius was 
given to the new redoubt. Its garrison consists of twenty men of 
various trades placed under the command of an employee of the Com- 
pany. Mr. Sergius Moskvitinotf, has been supplied, for preliminary 
trade with the Kolosh, with a sufficient quantity of various kinds of 
merchandise. The instructions given by me to Moskvitinolf have been 
forwarded to the Board of Directors with protocol No. 313, of May 
16, of the past year. 

While reporting to the Board of Directors our settlement in the 
Kolosh Straits, I must bring to the knowledge of the Board the fol- 
lowing important incident, wdiich occurred last summer in the Stikine 
during the stay there of the brig Cluchm/ojf. Lieutenant-Commandant 
Etholine, Assistant Manager of the Colonies, reported it to me on my 
return from Kadyak to New Archangel as follows: 

"On June 13, current." reports Mr. Etholine, "there arrived here 
suddenly a whaleboat from the Commander of the brig Ch/cha(i<}Jf\ 
Lieutenant Zarembo, to report to me the arrival at Stikine of an Eng- 
lish brig which intended to sail up the River Stikine for the purpose 
of establishing a settlement on the British frontiers. On board this 
brig was Mr. Ogden, Chief of the settlement of Naas, who announced 
to Mr. Zarembo his determination to settle up the Stikine River, but 
Lieut. Zarembo, acting in accordance with the instructions received 
from Your Excellency, and basing his action on the convention con- 
cluded between Russia and Great Britain, declared to Mr. Ogden that 
he could not allow his vessel to enter the river without the permission 
of his Chief, in consequence of which a term of 10 days was agreed 
upon between Messrs. Ogden and Zarembo in which to await my 
answer. Mr. Zarembo sent me, with his report, a letter to j^ou from 
Mr. Ogden of June 19, in which Mr. Ogden specially refers to Article 
VI of the Convention, which allows the British to navigate from the sea 
and from the interior of the continent the rivers flowing through their 
possessions. Appreciating the full importance of Mr. Ogden's enter- 
prise, notwithstanding the fatigue of the men, who reached Sitka from 
Stikine on the fifth da3% I hastened to send back the whaleboat the 
next morning, with an answer to Mr. Zarembo and a letter to Mr. 
Ogden " (which 1 beg to refer you to in the report of Captain Lieut. 
Etholine) "in which I, ill my turn refer to Article II of the above 
mentioned convention, in which it is said that the British are forbidden 



276 PAPERS RELATING TO 

to put in at places already occupied liy us without the permission of 
the Governor or Commandant, etc., and added that, as communication 
])y the English with the proposed settlement up the river will be held, 
now and in the future, over localities already occupied by us and situ- 
ated within our frontiers, no permission for this could be given him 
(Mr. Ogden). However, as, on account of Your P^xcellencv's absence 
I could not give him any decisive answer, I proposed that, before 
beginning to put his plan into execution, (which Avould be entirely 
opposed to the interests of and an evident damage to the Russian Amer- 
ican Company) he should have at the end of August a personal inter- 
view with you in Mew Archangel. 1 sent with the whaleboat, at all 
events, for the re-enforcement of the complement of the brig Chlcha- 
goff^ a six-oared boat with six men, and to 2nd Lieut. Kuznetsoff, 
Conmiander of the schooner CJillhat (who was then at Chilkat for 
trading purposes and who was to reconnoiter the mouth of the river 
Taku). 1 despatched a courier with the order to sail immediately for 
Stikine and to report to Lieut. Zarembo. 

""On June i24th the six-oared boat returned from Stikine with a 
report from Lieut. Zarembo that the whaleboat and six-oared boat had 
arrived within the stipulated term (June IT) and that he had forwarded 
my letter to Mr. Ogden, in consequence of which Mr. Ogden left 
Stikine on the 19th of June and sailed back to Naas, promising to 
come to Sitka in August for a personal interview with 3'ou.'' 

Before leaving Stikine, upon receiving the answer from New Arch- 
angel, Mr. Ogden asked Lieut. Zarembo: "If I wait for a favoralde 
wind, hoist sail and enter the river with my vessel, what measures will 
3^ou take to stop me? '' To this Mr. Zarembo answered very sensibly: 
" Such action will be in opposition to Article II of the Convention, and 
in order that I may not likewise act against it. I declare to you that I am 
not going to tire upon you and will not use any violent measures to stop 
you." Upon receiving this answer ]\Ir. Ogden departed immediately. 

This incident made me await impatiently the interview with Mr. 
Ogden, who arrived at New Archangel on Septeml)er 15 on the brig 
Dryad. At his second interview he declared to me by word of mouth 
that he did not see in Art. II of the Convention anything which forbid 
the establishment of a settlement up the River Stikine at a distance of 
10 leagues from the sea, pointing out that in the English translation 
of the Convention the word: ahordei' (pristavat) was given as to la ml., 
saying that he intended to go by water up the river, and not to land 
before reaching the Britisli possessions; upon receiving my answer 
that he woidd infringe upon Article II of the Convention if in spite of 
my non-agreement he should remain near our redoubt on the Stikine, 
he demanded a written answer to his protest. I enclose herewith the 
copy of my answer, and the originals of his two protocols of June 19 
and September 30. It is very probable that this matter may be refer- 
red to the governments and that the British, on their side, may try to 
explain the convention to their advantage, calling the prevention of 
Mr. Ogden from entering the River Stikine an illegal proceeding. 
For this reason I deem it my duty to report in detail with regard to 
this matter. 

It is clear that article II was draw^n with intent to prevent disa- 
greements between the British and ourselves regarding illicit trade. 
Seeing this article in this light it must be" concluded that the word 
aI)OTdei\ (pristavat) to put in, means in general to approach and not to 



RU8SIAN OCCUPATIOlSr UP TO 18()7. 277 

go on shore, for there is no necessity for foreigners to leave their 
vessel in order to trade with the natives, for these alwavs come to 
them of themselves. But if we should allow the British to found a 
settlement at a distance of 10 leagues from the mouth, i. e. almost 
within our frontiers, and allow them free navigation from the ocean 
to that settlement and back, the purpose and meaning of Article II 
would come to nothing, and, instead of prosecuting illicit trade, this 
new settlement would prove a protection to the same and be a source 
of continual friction between the British and ourselves. Mr. Ogden 
declared to me personally, in 1832, that he had decided to sell (and was 
selling) strong drinks to the natives, as I have already reported to the 
Board in No. 181 of the same year; and at present he is selling tire 
arms and powder, although he has not stated this to me. Consequently 
will it be possible to allow the British to gain a tirm footing on the 
boundary line at a distance of 10 leagues from the sea on all rivers, 
rivulets and streams, the mouths of which are situated in our posses- 
sions and to communicate unmolested in the sight of our ports and 
through our possessions with the dens of their contraband trade? 
Would not such an intei'pretation of the convention mean the desire 
of inventing possible causes for breaking the mutual agreement? 

Mr. Ogden says that a factory of the Hudson Bay Company is sit- 
uated on the lake where the river has its source, and that the Company 
needs a settlement on the river near its mouth not for the purpose of 
trading with the natives, but for more convenient communication with 
the interior of the continent. This statement, however, is untrue and 
the river Stikine will not facilitate conununication with the interior, 
neither has the company any factories at its source; such statements 
of Mr. Ogden cannot be accepted. 

Without doubt Mr. Ogden's only aim is to occupy the region where 
the natives living on the coast obtain river beavers, and then with their 
Canadians to hunt for these furs. It is in this manner that the Hudson 
Ba}" Co. obtains the greater part of their furs wherever they have set- 
tlements, since they have almost no need whatever to trade with the 
natives. Under command of a meml^er in the confidence of the Com- 
pany, a group of 20 to 30 Canadians roam with their wives and chil- 
dren in the favorable seasons of the year over all the places where 
there are river beavers, and possessing excellent traps and good guns 
they are not afraid of the savages, and manage to obtain l)eavers in 
great numbers. Does not this mode of hunting resemble the robber}^ 
of a band of bi'igands who trample on the rights and property of the 
aborigines? If the Hudson Bay Co. are allowed to trap river beavers 
in all the localities where the coast Kolosh of our possessions obtain 
their furs for trade, then the Kolosh will be brought to the deepest 
misery, losing the sources of trade which supplied them with mer- 
chandise constituting at present a necessity for this people. It is for 
this reason that the Stikines ask us most earnestly not to allow the 
British to enter the river; they foresee the fatal consequences to their 
people if the British succeed in cutting oft' their only source of trade. 
In fact the consequences will be terrible and unavoidable; the numer- 
ous, enterprising and formerly wealthy tribe of the inhabitants of the 
coast, (Kolosh) will become a tribe of brigands in the full sense of the 
word if they are brought down to al)ject poverty; losing the possi- 
bility of trading they will rol) in order to procure for themselves the 
articles which the Europeans have taught them to need; supplied as 



278 PAPERS RELATING TO 

they are with guns, cannon and powder, thanks to the British and 
Americans, they can, if the}' act together, work fearful ruin by 
attacking- the fort and vessels. Mr. Ogden himself told me that the 
inhabitants of the Kaigan Bay (on the southern frontier of our pos- 
sessions) on account of the destruction of fur animals (sea otter) in 
their vicinity, and not being able to o])tain them by trade from other 
tribes, have become very insolent, so that he is afraid to go to Kaigan 
with his vessels. He made the same remark with regard to the inhab- 
itants of Queen Charlotte Island. This fact, acknowledged by Mr. 
Ogden himself, serves as a warning of what we would have to expect 
from all the Kolosh tribes should they lose their trading resources. 

I ask again, does not humanity, justice, and the very duty of Russia 
with regard to the aborigines of her possessions in America, call us to 
the aid of the people, and must' we not employ ever}' means to pre- 
vent the British from occupying the localities desired by them, 10 
leagues up all the rivers and rivulets falling into our straits? Article 
VI of the Convention treating on free navigation on rivers cutting the 
boundary line can refer only to navigable rivers or such as facilitate 
communication with the interior of America, and there are absolutely 
no such rivers flowing into our straits. 

The possessions of the Hudson Bay Company in the south are exten- 
sive; the}' may treat the natives there as they please, we have never 
hindered them in any way and never will do so; does not justice demand 
that the Company deal in the same way with us and leave us in peace 
within our frontiers? 

I hope that the board of directors will carefully consider the con- 
tents of this despatch and will communicate to our Government all the 
arguments on which I base my resolution not to allow Mr. Ogden to 
sail up the river Stikine — not having, liowever. taken any violent 
measures, acting thus strictly in accordance with Article XI of the 
Convention.^' 



Depntij Governor J. TL l\Uy to . 

Hudson's Bay House, 

London, 24th Odoher, 1835. 

Mt Lord: I have the honor to inform Your Lordship, for the 
information of His Majesty's Government, that from advices just 
received from chief Factor Mr. McLoughlin, the officer in charge of all 
the Hudson Bay Company's atfairs on the north-west coast of America, 
an expedition was fitted out and despatched in the month of May 1834, 
agreeably to instructions previously issued ]>v the Board of Direction, 
at which I jjreside as Governor of the Company, to form a trading 
estal)lishment within the British Territories at a distance from the 
Ocean exceeding ten marine leagues up the Stikine river in about 56'^ 
40' N. Lat. 

Your Lordship is aware that a convention was entered into between 
His late Majesty George the IV and the Emperor of Russia, signed 
at St. Peters))urg 2s Febr. 18iJ5, which determined the line of demarca- 
tion between the British and Russian territories on the North-AVest 
coast of America and I have now to complain of an infraction of the 

«For eorresi)ondence with Ogden see aide page 269. 



RUSSIAN OCCUPATION UP TO 1867. 279 

terms of that Convention, to the very serious injury of the Commerce 
of the Hudson Bay Co. by Baron Wrangel, port captain in the 
Emperor's navy and Principal Superintendent of the Russian-Ameri- 
can Fur Company's affairs on the North-West coast, who opposed an 
armed force to our expedition and thereby prevented the objects for 
which it was outfitted being- carried into eti'ect. 

In so doing the Russian Fur Compan}' have violated the 6th article 
of the Convention which provides, that the sul^jects of H. B. M, from 
whatever quarter they may arrive shall forever enjoy the rights of 
navigation freely and without any hindrance whatever, all the rivers 
and streams which in their course to the Pacific Ocean may cross the 
line of demarcation upon the line of coast described in article 3d. of 
that Convention. They have thereby moreover violated the 7th arti- 
cle of the said Convention (which provides that for the space of ten 
years from the signature of that Convention the vessels of the two 
Powers or those belonging to their respective subjects, shall mutually 
be at liberty to frequent without any hindrance whatever, all the 
inland seas, gulfs, havens, and creeks on the coast mentioned in arti- 
cle 3d. for the purposes of fishing and trading with the natives) in as 
much as the ten years had not expired, when Baron Wrangel did 
oppose an armed force to our expedition and thereby forcibly pre- 
vented our entering the river and carrying the object for which it was 
outfitted into efi'ect, thereby subjecting the Hudson's Bay Co. to a con- 
siderable pecuniary loss (expenses incurred in outfitting this expedi- 
tion), independent of the injury which our commerce in that quarter 
has sustained, by being thus lowered in the estimation of the natives 
who have ever since our distinguished navigators Cook and Vancouver 
visited that coast, identified our interests as British subjects with those 
of the Govt, by whom the}' were emploj^ed. 

Herewith I have the honor to transmit for Your Lordship's informa- 
tion in confirmation of the foregoing statements: N°. 1. Extract from 
Chief Factor Mr. McLoughlin Despatch, dated Forth Vancouver Colum- 
bia River, 14 March, 1835; N". 2. Extract from Chief Trader Ogden's 
journal of the proceedings of the expedition under his command for 
the purpose of ascending the Stikine River: N*". 3. Copy of corre- 
spondence ]>etween Chief Trader Ogden and Baron Wrangel and other 
ofiicers of the Russian- American Fur Company; N°. 4. Estimate of 
expenses incurred by the Hudson's Bay Co. in an attempt to erect an 
establishment at Stikine amounting to £22,1.50.10.11. 

1 have now to request Your Lordship will be pleased to afford me 
an earl}' personal interview in order to lay the case more fully before 
you, with a view to obtain indemnification for the very serious injury 
we have sustained b}- the violation of the Convention and protection 
of the intended persecution of our valuable trade in that quarter for 
the future. 

I have, etc. J. H. Pelly. 



280 PAPEKS RELATING TO 

Article frohi " The 2lines'\ London, NovenJjei' 3^ 1835. 

[Inclosiire in Mr. Wilkins' No. 16, see ante page 2-17.] 
GREAT BRITAIN. 

\\e subjoin a communication from a known correspondent, respecting certain pro- 
ceedings on tlie part of the Russian authorities in the river Stikine, constituting a 
violation of the Convention signed in 1825 by Great Britain and Russia, touching the 
navigation of that river. By the articles of the Convention it is evident that the 
occurrence of differences similar to those which appear to have actually taken place 
had been foreseen by the framers of the Convention, who very prudently fixed the 
course which is in such case to be pursued. The 11th article of the Convention pre- 
scril)es that "an exact and circumstantial report" shall be made, "in case of 
comi)laint, or an infraction of the articles of the Convention," to the respective gov- 
ernments. We hope the aggrieved parties have not failed to avail themselves of the 
right of calling attention to their case in the proper cjuarter. The affair is as folloAvs: 

"In the year 1825 a convention was concluded between Great Britain and Russia, by 
which acertain part of the northwest coast of America ( hereafter described ) was ceded to 
the latter, with the provision, ho wever, that for the period of ten years thereafter the right 
of trading on those parts of the coast should be allowed to the subjects of the King of 
Great Britain, with, however, certain restrictions in regard to tlie trade equally binding 
on both pai'ties. By this treaty the perpetual right was secured to England of navigat- 
ing those streams which, in their course towards^the Pacific Ocean, might cross the 
parts of the coast allotted to Russia, by means of which the sul^jects of His Majesty 
of England might have access to their territories in the interior of the continent. In 
the year 1833 a company of British merchants, being desirious of extending their 
trade into the hitherto unexplored parts of the interior of the north-west coast (i. e. 
to the northward for some degrees of 56 N. latitude), and their only means of doing 
so with any prospect of success being l)y ascending one of the rivers on the coast, 
which might lead them at once to the desired spot, despatched in August, 1833, a 
vessel to the mouth of a river called Stikine, which desembogues in Clarence's Straits, 
in lat. 56deg. 50 min. Up this river one of the company's officers proceeded to 
explore, and having found a place suital^le for erecting an establishment at the dis- 
tance from the line of coast prescribed by the treaty, he formally took possession of 
it. The natives of the adjacent country expressed their joy at the prospect of having 
an establishment near tliem, and appeared well disposed in everything. In conse- 
quence of the favourable report of the officer alluded to above, it was resolved to put 
into execution the proposed plan. Accordingly he was appointed to the command 
of a body of men, accompanied by several officers, and i)roceeded in one of the 
company's vessels to the mouth of the Stikine River, which was reached on the 18th 
of June 1834. Before anchoring at the mouth of the river a boat was seen approach- 
ing the vessel, and, having come alongside, a Russian officer handed some papers to 
the commander, the purport of one of which was to inquire the particulars of the 
vessel, object of the voyage, etc. Another contained a notice written in the English 
language, and signed by the Governor of the Russian American Fur Company, Baron 
Wrangell, by which thty were informed that two Russian armed vessels were com- 
missioned to cruise within the straits comprised in the tract ceded to Russia by the 
treaty of 1825, when foreign vessels had no longer any riglit to trade. Having 
returned an answer stating the object of the expedition to the commander of one of 
the vessels alluded to in the above-mentioned notice, which they were informed was 
anchored in a bay close by, they proceeded to cast anchor. Before long another 
Russian officer came, and peremptorily ordered the commander of the vessel to weigh 
anchor and leave the place, saying that the subjects of Great Britain had no longer 
any right to navigate those straits; and that if they attempted to proceed up the 
river, the Russian vessel would destroy their boats. "After giving an answer to this 
person, a third came with the Russian otHcer's compliments and a request that the 
English Connnander should visit him. This the conductor of the expedition accord- 
ingly did; and on reaching the spot where the vessel was moored, found a small 
blockhouse erected on shore. After getting on board the vessel he was informed 
by the Russian Commander that he had orders to prevent all strangers from resort- 
ing to the Stikine Straits, and more especially to prevent any persons from proceed- 
ing up the river. These orders he was determined to enforce, and for this purpose 
his brig was armed with 14 guns, and manned by SO men. Ilis consort (an armed 
schooner) was at that time cruising about the straits; but was expected to return 
shortly. The English officer seeing that the fcjrce opposed to him was much 
superior to his own, and wishing, as agreed in the treaty, to avoid coming to any 



RUSSIAN OCCUPATION UP TO 1867. 281 

open rupture, endeavoured to convince the Russian Commander of the right pos- 
sessed by British subjects to navigate the river; but the only answer he received 
was — "I care not for the treaty, I shall obey my instructions." At length the Rus- 
sian Commander proposed that both parties should remain until an express, which 
he proposed sending, shoulil return from Sitcha, by which he would receive fresh 
instructions how to act. Prudence compelled the commander of the expedition to 
assent, and he availed himself of the oi^portunity thus offered to communicate in 
writing the tenor of his instructions, and tlie ol)ject of the expedition, to the Gov- 
ernor of the Russian American Company, at the same time protesting against the 
right arrogated by the Russians of preventing British subjects from ascending the 
Stikine River. Eight days after the departiire of the above-mentioned express it 
returned, and by it the connnander oi the English [tarty received a communication 
from the Deputy Governor of the Russian American Companj'. After jiremising that 
the Governor, Baron Wrangall, was absent from Novo Archangelsk (alias Sitcha), it 
proceeded to state that by the article of convention of 1825 it was forbidden to Brit- 
ish subjects to land at any place where there might be a Russian establishment, with- 
out permission of the governor or commander thereof; that as the Russian American 
Company had built at Stikine, they thought it expedient to prevent, considering that 
they had an indubitable right, ail foreign vessels from frequenting Clarence's Straits 
and the adjacent coast; and that by allowing British subjects to proceed up the river 
Stikine, the commerce of the Russian American Company with the natives would be 
much injured; they therefore thought it right to act as they had done. It concluded 
by stating that the otlicer commanding at Stikine had received orders to abide by his 
original instructions. After the receiiit of the above communication the English 
commander had an interview with the Russian otticer, and was again informed by 
him that if he attempted to despatch a party up the river, or to trade with the natives 
on the spot, the force which was under his command would be employed by him to 
prevent it, and that he was determined to follow up the instructions given him. It 
was in vain that the conductor of the expedition reasoned and endeavoured to con- 
Aince his opponent of the rights sanctioned to the subjects of the King of Great Brit- 
ain by the convention of 182.5. It was in vain that he pointed out to him the prob- 
able consequence^ of this breach of faith on the jiart of the Russians; in vain did he 
call his attention to that part of the treaty wherein it is spei'ially stated that no 
hostile measures should be commenced by either i>arty, ])ut that in cases of dis- 
pute the particulars of the transaction should be forwarded to the respective Gov- 
ernments of the two parties for arbitration; the only answer was a reiteration of 
what he had already said. "I care not for the treaty. My instructions are my 
law; and mj' instructions I will enforce." Under these circumstances the officer 
commanding the expedition, considering that to attempt forcing the entrance of 
the river would Ije attended with much loss of life, and that contending with 
a force so much superior defeat was almost certain, resolved with reluctance 
to abandon the project, and accordingly weighed anchor on the 29th of June 1834. 
In the month of September following the commandant of tlie expedition above 
alluded to, thinking that by having a personal interview with the Governor of the 
Russian American Company, the Baron Wrangell, he might get the sentiments of 
the Russians more fully developed, proceeded to the head quarters of the Russian 
American Compan\-, Sitcha, and on requesting the governor to inform him by what 
authority he had acted in molesting the sul)jects of His Britanic Majesty while in the 
peaceable exercise of those privileges sanctioned to them by the (ilovernment of Rus- 
sia, was answered in the following strain: Having first alluded to the 2d article of 
the convention, u]ion the tenour of which he attempted to justify his conduct in 
jireventing the navigation of the Straits of Stikine, and allowing (as indeed he could 
not deny) the right granted to the subjects of Great Britain of navigating those 
rivers which crossed the line of Russian territory (and which, of course, were the 
only direct means of communication with the interior, ) he nevertheless contended 
that this privilege did not extend to rivers similar to that of Stikine, upon which 
there were no establishments already formed by British subjects, and which in itself 
was insignificant, and the course of it much interrujited by rapids, etc. He also inti- 
mated that no other object than that of injuring the trade of the Russian American 
Company induced the British to attempt an establishment in that part of the interior, 
Avhich he was determined, right or wrong to prevent. This was all the satisfaction 
to be procurred by the representative of a body of British merchants from this gentle- 
man, backed by a force of 14 armed ships. With this answer was a subject of Great 
Britain comjieiled to depart, leaving the suljjects of Russia in quiet [wssession of 
those privileges in which, by a convention which ought to have been held sacred, the 
subjects of Great Britain were entitled to jtarticipate, but of the partici})ation in 
wliich, by a gross violation of international faith, they were forcibly deprived." 

( Times. ) 



282 PAPEKS RELATING TO 

Mepm't of the Directors of the Russian Amei'icaii Company on the 

Driad Ajfair. 

[Translation.] 

IS^ovemher U, 1835.— No. 1261 
To His Excellency, General of Infantiy, Member of the Council of 
State, Senator, Minister of Finance and Knight, Count Egor 
Frantzov ITCH Kankreen. 

REPORT. 

In the report to His Imperial Majesty dated September 2-ith of last 
3"ear and presented to 3'ou, Sir, the Board of Directors of the Russian- 
American Company had the honor to describe to His Imperial Majesty 
the newly built forts and among- them, that fort situated in the midst 
of the Kolosh natiyes at the Stakine Strait, near the frontier line of 
Russian dominions at about 55^ of northern latitude. 

With the last mail, that of April 30th, the Chief Director for the 
Colonies, Baron Wrangell. (Japtain of the fleet, informs us, that this 
fort is quite linished and has been named the fort of St. Dionisius," 
Lieutenant Zarembo was in charge of its construction. He informed 
us that on June 13th, 1834, ]Mr. Ogden, the Commander of an English 
settlement at Naaz, came into the Stakine with a brig and announced 
his intention to settle higher up the river on the P^nglish frontier. 
But Zarembo acting upon his orders and according to the Treaty con- 
cluded between Russia and England, answered that Ik could not let 
the ship pass up the Riyer Stakine without the permission of his com- 
mander. In consequence a truce of (10) ten days was decided upon. 
Baron Wrangell being absent from Noyo-Archangel, his Assistant, 
Captain-Lieutenant Etolin, received the Lieutenant Zarembo's report 
and Mr. Ogden's letter and, in answer to the latter, referred to the 
Xlth Article of the Treaty, where it is specified that the English are 
forbidden to put into places already occupied by us, without the con- 
sent of the Governor or of the Commander. He added that, as the 
intercourse of the English with the supposed settlers upon the Stakine 
river would have to take place now, as well as in the future by way of 
our dominions, the permission cannot be granted Mr. Ogden. After 
this, Mr. Ogden asked Lieutenant Zarembo " what measures he would 
take to stop him in case he should await a favorable wind, set sail and 
enter the river?'' To this Zarembo replied: "'Such an act would be 
contrary to Article XI of the Treaty but in order to avoid violating 
it myself, I shall not tire upon you and shall not resort to any forcible 
measures to stop you''. Then Mr. Ogden left the Stakine. 

On September 15th Mr. Ogden arrived at Novo-Archangel. Upon 
meeting Baron Wrangell he verbally informed him that he could tind 
nothing in Article XI of the Treaty against his settling at a distance 
of 10 leagues up the Stakine river and referred to the English trans- 
lation of the Treaty where the word "aborder" was translated '"to 
land". He said that he had intended to sail up the river and to land 
only on i-eaching the English frontier. Baron Wrangell, in reply to 
this, said that Mr. Ogden would be violating the Eleventh Article 
even if. without his permission he should stop near our fort at Stakine. 
Mr. Ogden made a written answer. The Board of Directors has the 
honor to forward herewith the copy of this answer, as well as of two 
protests, dated June 19th and September 30th. 



EUSSIAN OCCUPATION UP TO 1867. 283 

Supposing that the English will try to explain the Treaty to their 
advantage and in such a way as to show that the prohibition from 
entering the Stakine river was unlawful, Baron Wrangell presented 
his view of the question as follows: 

It is quite clear that the Eleventh Article of the Treaty was introduced only with 
a view of preventing disagreements arising out of illicit trade between ourselves and 
the English. In so interpreting this article, we must suppose that the word 
"aborder", to land, means in general to come near the shore. It does not mean 
only to actually land but to anchor near the shore, because there is no necessity for 
foreigners to leave their ships in order to trade with the savages, because they always 
come to the ships. If the English be permitted to found a settlement at a distance 
of ten leagues from the estuary, that is to say, almost on our frontier and if they be 
permitted to navigate freely from the Ocean to this settlement and back, then there 
would be no meaning or purj^ose to x^rticle XI and instead of preventing illicit trade, 
this new settlement would most certainly foster it. It would become a source of 
continual misunderstandings between ourselves and the English. 

In 1832 Mr. Ogden personall}' informed Baron Wrangell, that he 
intended selling spirits to the natives and, at the present time, he is 
already selling tire-arms and gun-powder, without informing Baron 
Wrangell thereof. Consequenth", Baron Wrangell says we cannot 
allow the English to settle near our frontier, ten leagues from the 
coast on those rivers, rivulets and water-courses, the mouths of which 
are within our territor}' or permit them to keep up a communication 
through our possessions and protected by our fortresses and with the 
localities of their smuggling trade. 

Mr. Ogden told Baron Wrangell that a factory of the Hudson's Bay 
Company is situated on the lake whence the Stakine river flows and 
that the Company desires a settlement on the river near its mouth, not 
for trading with natives. ])ut to secure easier connnunication with 
the interior of the continent. Baron WrangelFs reply was, that 
this information was incorrect, that the Stakine could not make the 
communication with the interior any easier and that the Hudson's Bay 
Company had no factories near the source of the Stakine. 

Baron Wrangell reaches the following conclusions: that Mr. Ogden's 
sole motive was to settle in the country whence the natives living near 
the coast obtain otters. He desired to employ his men in this trade. 
But if the Hudson's Bay Company be allowed to catch otters even in 
those places whence the Colosh, living on the coast of our dominions, 
obtain their trading products by means of exchange, these latter would 
be reduced to the greatest poverty being deprived of their source of 
trade, which furnished them with supplies necessary to 'their existence. 

As a proof of this Baron Wrangell alludes to the inhabitants of the 
Stakine who earnestly beg that the English should not be admitted to 
the river. They foresee bad consequences for the nation, if the 
English succeed in depriving them of their sole source of income. 
And. continues Baron Wrangell. the consequences are likely to be dis- 
astrous. The numerous, enterprising, and very rich tribe of coast 
dwellers, the Colosh, would, on being reduced to poverty, become a 
tribe of veritable robbers. Being depriAcd of trade they w-ill steal in 
order to receive those things, to which the Europeans have accustomed 
them. Supplied by the English and Americans with gims, cannon 
and powder, they could, if they unanimously desired so to do, make 
fearful ravages upon the fort and ships. This oi)inion of Baron 
Wrangell is founded upon facts. As Mr. Ogden himself told him, the 
inhabitants of the Gulf Kaygan, on the southern frontier of our 
straits, have already grown so insolent since they had been deprived 
of the otter trade and they could no longer trafhc with other tribes, 



284 PAPERS RELATING TO 

that Mr. Ouden is afraid to visit Kaygan with his ships. He made 
the same observation in regard to the inhabitants of Queen Charlotte 
Island. This cireumstance cited by Mr. Ogden himself, serves as a 
warning- of what we maj^ expect of the Colosh, if they are deprived of 
the source of their commerce. 

Finding the observations of Baron Wrangell to be worthy of con- 
sideration as concerning the present state of affairs, as well as in the 
future, which he so clearly foresees, the Board of Directors presented 
them for the consideration of a Council, organized under Supreme 
sanction. After a careful consideration of all the circumstances set 
out in the report of the Chief Commander for the Colonies, Baron 
Wrangell, concerning the unlawful eti'orts of Mr. Ogden to pass our 
frontiers to a settlement, which the P^nglish desire to establish in their 
territory, the Council turned to the Second and Sixth Articles of the 
Treaty, to which Mr. Ogden referred, arrogating to himself the right 
of free navigation on the Stakine river, which Hows through our 
dominions and where we already have a settlement. The second Arti- 
cle stipulates: "that His Britannic Majesty's sul>iects have no right 
to land at places where there is a Russian establishment without the 
permission of the local Governor or Commander." On the Stakine 
there is already a Russian fort, named St. Dionisius and trade is being- 
carried on with the natives, therefore in this case Article second of 
the Treaty clearly and detinitel}^ forbids the English from landing 
(without the permission of a Russian Chief) and also from navigating 
in the waters adjacent to the shore. The violation of that Article 
should be considered as a breach of the terms of the Treaty. Article 
VI. further stipulates: ''that the subjects of His Britannic Majesty 
shall forever enjoy ''the i-ight of navigating freely and without any 
hinderance whatever all the rivers and streams which in their course 
towards the Pacific Ocean may cross the line of demarcation upon the 
line of coast descri1)ed in Article HI of the present Convention." From 
a superficial view of this Article, Mr. Ogden understood, that the Eng- 
lish had full right of navigation in all rivers and streams flowing in 
our dominions and that therefore they could also navigate in the Sta- 
kine river whenever they pleased. But, on studying this Article with 
due attention it is evident, being at the beginning thereof, that the 
phras<' •' it is understood " is intended to intUcate that it is not a sepa- 
rate stipulation, but only an explanation of the preceding articles and 
that it therefore cannot change the meaning of the Second Article. 
Besides the Sixth Article reserves to the English the right 
of free navigation only on those rivers and streams which 
in their course towards the Pacific Ocean cro-sx the Hue of 
deiiiarcatlon upon the line of coast described in the Article III of 
the Convention. Now the Stakine river runs through Russian terri- 
tory but does not reach the coast as described in Article 111, the south- 
ern boundary of the Russian territory being 54- of northern latitude. 
The English therefoie can lay no claim to freely navigate the Stakine 
river, that being clearly forbidden by Article II of the Convention 
setting forth the general right of property of all nations. It is also 
prohibited by Article VI, because the Stakine river does not cross the 
line of demarcation upon the line of coast, which it would have to do 
in order to make it free for navigation. 

In view of these circumstances, which make it quite clear that the 
Convention gives no rioht to the Enolish to navit>"ate the Stakine river 



EUSSIAN OCCUPATION UP TO 18G7. 285 

to the injury of our trade and tlie local inhabitants, as the Chief 
Director for the (Colonies, Baron Wrang-ell has pointed out, the Coun- 
cil /'ccoij/mends that in order to avert such unfavora))le consequences 
for the Kussian-Anierican Company, the Board of Directors should 
furnish full inforniation of all the facts to the Minister of Finance, 
begging His Excellency to for)>id the forci))le navigation of the rivers 
and streams of our dominions safeguarded by Articles II and VI of 
the Convention. 

Informing Your Excellency of these details, the Board of Directors 
takes the liberty of asking Your Excellency to take further measures 
in order that a forcible navigation of rivers and streams in our domin- 
ions may he forbidden to foreigners. 

Hliebnikoa % Director. 

Lord DurJxon to Count Nesselrode. 

JVoveiidjtr 29 1 .December 11., 1835. 

The undersigned. His Britannic Majesty's Ambassador Extraor- 
dinar}' and Plenipotentiary, has received Instructions from his Gov- 
ernment, to sul)mit to H. Exl. the Vice-Chancellor Comte de Nesselrode, 
the accompanying copies of a letter and its enclosures, transmitted b}^ 
the Governor of the Hudson's Baj^ Co., complaining that the Russian 
Authorities on the N. W. coast of America, have interfered with an 
expedition lifted out, under the directions of that Co. for the purpose 
of forming a settlement ten leagues up the Stikine River in 56"^ -10' N. 
Latitude; an interference ))y which the Co. have sustained a loss of 
£ 22.150.li). s. 11 d. Sterling. The reciprocal rights of the crowns of 
Great Britain and Russia on the N. W. coast of America, are defined 
by the Treaty concluded at St. Petersburgh on the 16 28 February 
1825, of which H. E. the Vice-Chancellor Comte de Nesselrode was a 
signing Party. The 6th article of that treat}^ stipulated that ""the 
subjects of H. B. Majesty from whatever quarter the}^ may arrive, 
whether from the ocean or from the Interior of the Continent, shall 
forever enjoy the right of navigating freely and without any hindrance 
whatever, all the rivers, and streams which in their course to the 
Pacific Ocean, may cross the line of demarcation upon the line of coast 
described in article III of the present Convention." 

The article Tth stipulates " that for the si)ace 10 years from the sig- 
nature of the present convention the vessels of the two Powers, or 
those belonging to their respective subjects, shall mutually be at liberty 
to frequent, without any hindrance whatever, all the inland seas, the 
gulfs, havens, creeks, on the coast mentioned in the article III for the 
purpose of fishing and trading with the natives." 

The treaty having been concluded on the 16 28 day of February 
1825, the term of ten years specihed in the last mentioned article did 
not expire until the 16 28 'February of the present year. But notwith- 
standing this, the Russian Authorities on the coast issued on the 15 27 
May, 1834, a notitication to foreign merchant vessels, that thenceforth 
no trade would be allowed with the Indians within the territory of 
Russia and in virtue of the same notitication, warned oft* the British 
Expedition which arrived off' the Stikine River on the 16 28 of June 
1834. 

But the British Expedition although entitled under the treat}- to 
frequent and trade in the waters of the Russian Dominion until the 



286 PAPERS RELATING TO 

expiration of the above mentioned period of ten years, liad not been 
litted out with tliat view, but was undertalven for the purpose of exer- 
cising the right secured to British subjects /b/vw/' l)v the 6th article 
of the treaty to ''navigate freely" one of those streams which in their 
course towards the Pacific, cross the line of demarcation upon the 
line of coast described in the 3rd article of the treaty and the ultimate 
object of the expedition was to form a settlement, wit hi n the British 
Territory. 

The obvious meaning of the 6th article of the treaty is, that British 
settlers should have the opportunity of conveying to the sea the prod- 
uce of their industry, notwithstanding that the coast itself is in the 
possession of Russia; and the undersigned is convinced that the Gov- 
ernment of His Imperial Majesty will not be disposed to sanction in 
opposition to the clear stipulation of the treaty, the argument put 
forward by the Russian authorities in justification of their conduct, 
namely, that the formation of the intended British establishment 
might prove injurious to Russian commerce. 

The treaty recognizes no such principle as is involved in that argu- 
ment. On the contrary the 5th article stipulates that "no establish- 
ment shall be formed b}' either of the two parties within the limits 
assigned b}^ the two preceding articles to the possessions of the other," 
and it therefore clearly implies that the respective Governments con- 
templated the formation of new establishments within their respective 
territories; and the subsequent article secured to all British establish- 
ments then formed; or thereafter to be formed, a free comnfunication 
with the ocean through the territories of Russia. 

No less unfounded is another pretence set up by the Russian author- 
ities as a ground for justification for their conduct, and which they 
seek to draw from the 2d article of the treat^^ That article stipulates, 
that "• in order to prevent the right of navigation and fishing exercised 
upon the ocean by the subjects of the High Contracting Parties, from 
becoming a pretext for an illicit commerce, it is agreed that the sub- 
jects of His Britannic Majesty, shall not land at any place where there 
may be a Russian establishment without the permission of the Gov- 
ernor or Commandant." It does not appear that the British expedi- 
tion referred to in the present papers, had any design whatever, to 
land at a Russian establishment, or to carry on commerce of any kind 
on the coast. But, even if the British expedition had manifested any 
disposition to land, the Russian Authorities could only have been jus- 
tified in preventing them from doing so and could have no right what- 
ever to prevent the expedition from passing up the river. 

With regard to the further allegation of the Russian authorities 
" that the 6th article of the convention can have no application to such 
rivers, as the Stikine, upon which there is no British estal)lishment in 
the interior, and which is besides, an insignificant and shallow river, 
and interrupted l)y cataracts in such a manner as not to be adapted for 
facilitating the conuuunications with the British possessions in the 
interior,'' the 5th article of the treaty disposes of the first part of this 
allegation; and with regard to the latter part of it, the undersigned 
has only to observe, that the 6th article of the treaty contains no limi- 
tation as to the size, depth, or character of the rivers, to which it is 
applicable, but declares generally, that the subjects of H. B. M. from 
whatever quarter they may arrive, whether from the Ocean or from 
the interior of the continent, shall forever enjoy the right of navigat- 



RUSSIAN OCCUPATION UP TO 1867. 287 

ing' freely and without hindrance, all the rivem and streamH which in 
their coui'se to the Pacific Ocean may cross the line of demarcation 
upon the line of coast descril^ed in the article III of the present 
convention/' 

The undersigned cannot conclude his observations upon this subject 
to H. E. the Vice-Chancellor Coiuit de Nesselrode, without expressing" 
some surprise, that the Russian authorities, at the very moment the}^ 
were driving the British expedition from the coast bv threats of actual 
violence, should quote the 11th article of the convention, which pro- 
vides that ''in every case of complaint on account of an infraction of 
the articles of the present convention, the civil and military authorities 
of the High Contracting Parties, without previously acting or taking 
an}" forcible measure, shall make an exact and circumstantial report to 
their respective courts," neither, can he avoid calling His Excellency'.^ 
attention to the unbecoming declaration of the Russian Lieutenant 
Commander Sarembo, to the Superintendent of the British expedition, 
that his instructions were to prevent the expedition and that by those, 
and not by the treaty, would he be guided. His Majesty's Govern- 
ment do not entertain a doubt of a sincere disposition on the part of 
the Russian Government, to execute with good faith the provisions of 
the treaty, they are likewise convinced that the conduct of the local 
authorities was unauthorized by the Government of His Imperial Maj- 
esty and that it wall be at once disavowed l)y them. 

The undersigned is therefore instructed to bring this subject before 
the Russian cabinet, to express the confident expectations of his Gov- 
ernment, that redress and compensation will be granted without delay 
by the Government of H. I. M. to those British subjects who have 
been aggrieved by this infraction of the convention and to add the 
earnest hopes of his Government that such orders may be immediately 
forwarded to the Russian authorities on the N. W. coast of America^ 
as may prevent the occurrence of similar violations of the treaty. 

The undersigned avails himself of this opportunity to repeat to H. 
E. the V. -Chancellor Count de Nesselrode, the assurances of his most 
distinguished consideration. 

St. Petersburg, November 29/ December 11, 1885. 

(Signed) Dueham. 

To His Exc'ly The Vice-Chancelor Comte de Nesselrode. 



Count Nesselrode to the British Ambassador, Decemher 21, 1835. 

[Translation.] 

The Undersigned, Vice-Chancellor of His Majesty the Emperor of 
all the Russias, has received the note that His Excellency Lord Dur- 
ham, Ambassador Extraordinary and Plenipotentiary of His Britannic 
Majesty has done him the honor to address to him on the uDet^tX"; 

The matter therein treated, as far as it concerns a difference which 
has arisen between Russian and British subjects, has already, for that 
reason only, caused sincere regret to the Imperial Ministry, and this 
regret is all the deeper because reports arriving here directly on this 
same affair, are of a nature to confirm the supposition that the author- 
ities of the Russian settlements on the North-West Coast of America 
have, on the arrival in those parts of a vessel belonging to the Hudson 
Bay Company, acted in a manner which is far from the intentions of the 



288 PAPEES RELATING TO 

Imperial Governuient and its constant desire to maintain and strengthen 
the friendh' relations now sulisisting between the two Powers. It 
appears, in fact, by connecting the circumstances as presented by Mr. 
Og-den and hy the local authorities, tliat the latter wei'e mistaken in the 
interpretation and application of some of the stipulations of the treaty 
of 18!^5, and that it is, namely, on account of this deplora])le error, 
that the}" believed themselves unable to acknowledge the right of Mr. 
Ogden to enter a river on which no English settlement as yet existed, 
whilst its mouth was commanded by a Russian redoulit, wiiere Article 
II of the treaty prohibits foreigners from landing without the permis- 
sion of the commandant. However plausible the reasons on which such 
an interpretation was leased may have appeared at the tirst moment, 
the Imperial Ministry cannot help acknowledging that it does not 
agree with the true spirit of the Convention of 1S25 and of Article 6 
particularly. 

The Undersigned is even authorized to declare to His Excellenc}" 
Lord Durham that the Imperial Government can only disclaim the 
interpretation given the several stipulations by the local authorities, 
which stipulations have been pleaded on both sides, and that it will, 
without delay, acquaint them with its disapproval in the matter, and 
at the same time it will take the necessary steps to prevent the recur- 
rence of such a grievous misunderstanding. 

This assurance and the frankness which His Imperial Majesty has 
insisted should preside over it. must offer to the Government of His 
Britannic Majesty a new proof of the fidelity that the Imperial Cabi- 
net brings to bear on the support of existing treaties and of its earn- 
estness to right the just grievances that may arise in the matter. 
Lord Durham will also lind, the undersigned hopes, an entirely satis- 
factory answer to the several arguments submitted in his note and 
princii)all3" caused by the more or less hazardous assertions and say- 
ings that Mr. Ogden imputes to the Russian officers with whom he 
has come in contact. In this regard, the undersigned deemed it 
proper to observe that, as the parleying that has occurred in the 
matter, has been done through the medium of several interpreters, 
whose correctness it would be difficult to guarantee, these sayings and 
assertions may not be admitted as accomplished facts, or it may be 
allowable not to gi\'e them such a value as would justify the legal 
consequences that might result from them. This observation refers 
especially to the pretended threats that the Russian officers may have 
indulged in towards Mr. Ogden, in case he persisted in his intentions 
to ascend the river Stakhine, because it is proved by the reports of 
the local authorities transmitted here and by their correspondence 
with Mr. Ogden, that no threat whatever has been made by them. 

On one side Naval Lieutenant Zaremlio reports, that havino- been 
questioned by M. Ogden as to what he intended to do in case he, Ogden, 
should avail himself of the tirst favorable wind to enter the Stakhine, 
he declared that, in that case, in order not to act contrary to Article 
II of the Convention which expressly prohibits the respective author- 
ities, both civil and military, from using violence or forcible measures, 
he would not tire on the English vessel, nor commit any act of violence 
towards it. On the other side, Lord Durham will kindly notice that 
in his letter to Captain Ogden of Septeml)cr 19, 1834, a letter which is 
among the pap(?rs submitted by His Excellency Baron ^V range!, whilst 
announcino- that he had issued orders to the Commandant of the fort 



RUSSIAN OCCUPATION UP TO 1867. 289 

of Stakhine, not to ulloin foreio-ners to enter the river of that name, he 
hastened to add these words: "'that is, not to i)erniit tJieni the entrance, 
<fec"''' thus o-iving the Commandant to understand, that the opposition 
as prescribed, nuist be contined to a simple refusal of permission^ so 
that if, notwithstanding-, M. Ogden had decided to pursue his course, 
he would be doing it without the knowledge and consent of the local 
authorit}'. Furthermore, Baron Wrangel ends his letter by expressly 
declaring, that finally he would act in the sense of Art. II of the Con- 
vention, and he thus clearly defined his intention of abstaining from 
violence or forcible measui'es, whatever might be the course the 
English Captain decided to follow. 

The undersigned believes he must insist on this fact, not only to 
justify the local authorities from the reproach they have incurred 
of having proposed an erroneous interpretation of the treat}' with 
formal threats, as well as to exhibit in its true light the demand for 
indemnity which the Hudson Bay Company bases, on its side, on the 
kind of opposition that its vessel met with. It appears, in fact, that 
M. Ogden encountered no material impossibility, nor even probable 
danger of any kind in pursuing his course, and that, if he, neverthe- 
less, preferred to give it up and abandon a plan the execution of which 
had ])een entrusted to him by the Hudson Bay Company, he yielded 
less to an absolute necessity than to an excess of prudence, for which 
he alone is responsible to his emplo3"ers, that therefore, these can ov\j 
claim from him, and not from the Russian authorities, whatever losses 
they ma}' have suffered on that occasion. 

The undersigned cherishes the hope that, by viewing this affair from 
the same point of view of strict equity, and in return for the frankness 
with which the Imperial Cabinet has hastened to recognize the principle 
of the treaty, the maintenance of which is equally important to both 
Governments and to their respective subjects, the Cabinet of His Bri- 
tannic Majesty will not grant its support to a demand for indemnity, 
that it would be impossible to admit as founded on right. 

Begging Lord Durham to bring this present note to the knowledge 
of his Government, the Undersigned has the honor to reiterate to His 
Excellency the assurance of his high consideration. 

St. Petersburg, Decemher 21, 1835. 

Count de Nesselrode. 



Board of Directors of the Russian- American Ccjmjxmy to the Deimrt- 
ment of Trade and Manufactures^ January 3., 1836. 

[Translation.] 

Memorandum concerning the affair in dispute between the Russian-American and 
the Hudson's Bay Companies. 

In the report of Count Nesselrode to His Excellency Egor Frantze- 
vitch [Kankreen], the conclusions as to what would probably be the 
results in the correspondence of the Stakine affair are based upon the 
opinion that the Russian Colonial authorities were the first to break 
the sixth Article of the Treaty. 

The Colonial Authorities really never supposed, that our protecting 
Government, in granting special privileges to the Russian-American 
Company for the assurance of its existence, had also granted to f oreign- 

21528—03 26 



290 PAPERS RELATING TO 

ers such rights and privileges as would inevitably ruin the Russian- 
American Company and force the Russians out of all the places on the 
American continent. But observing that in the correspondence with 
the English Embassv, our Government has already acknowledged the 
prohibition of entering the Stakine to be a breach of Article VI, it 
would be unreasonable to cite here the reasons which induced the 
Colonial Authorities to consider it their right taact upon Article VI 
in another than the strictly literal sense of the words. 

Nevertheless the Board of Directors of the Russian- American Com- 
pany is bound to draw attention to the following considerations. 

1. To the ruinous consequences not only to the prosperity of the 
colony, but to the integrity of our dominions on the continent of 
America, if the English be allowed to establish their factories on all 
the water-courses upon the boundary line, that is within ten miles 
from the coast. 

2. Should our Government consider the claim of the English as just 
in principle and should it make the Russian-American Company pay 
for the losses claimed by the Hudson's Bay Company in consequence 
of the non-admission of its ship into the Stakine. still more should the 
English Government acknowledge the claims of the Russian-American 
Company as an indenmity for the losses caused to it by the English 
violation of that article of the Convention, in which they are prohib- 
ited from selling tire-arms and spirits. Before the establishment of 
the Stakine settlement, namely in May, 1832, the Colonial Authorities 
had officially reported to the Board of Directors of the Russian- 
American Company that the Agent of the Hudson's Bay Company, 
Mr. Ogden, visiting Sitka, had an interview with the General Man- 
ager of the Colonies and had declared, that he, Ogden, was forced to 
sell rum and that he had already given notice of this, which was con- 
trary to the Treaty, to the authorities in P]ngland. The testimony of 
most of the natives inhabiting the shore of the straits belonging to 
Russia, even before this declaration of Mr. Ogden, had assured the 
Colonial Authorities that the P^nglish were selling them not only rum, 
l)ut also fire-arms and gun-powder. Conseciuently the English were 
in all justice the first to violate the (yonvention. 

The settlement on the Stakine was principally established for the 
purpose of placing some obstacle, however small it might be, to this 
illegal traffic and to prevent any further penetrating into the heart of 
our dominions. 

The losses suffered by the Russian-American Company, thanks to 
the violation of the Treaty by the English, are very important both 
from a material and moral aspect. The sale of gun-powder and rum 
by the P^nglish to the natives, has not only diverted their trade from 
us to the English ships standing in our straits, but has caused the 
natives to turn against us and call us oppressors, the opposite of the 
English who provide them with all they want. 

Therefore it would seem advisable that, should the Hudson's Bay 
Company persist in claiming the indenmity for her losses, it should 
on its part compensate the Russian-American Company for the losses 
caused to it by the English sale of gun-powder and rum from their 
ships visiting our straits. 

If the contents of this note should be honored with approval, might 
it not be judged advisable to add the above cited arguments to the 
Memorandum to be sent to the Enelish Minister? 



RUSSIAN OCCUPATION UT TO 18(i7. 291 

The following circumstances might also l)e explained: 

1. The Russian ship which was stationed at Stakine when the 
P^nglish came there, was not a war-ship, hut a ship of the Comi)any, 
fitted out with cannons and crew no stronger than that of the English, 
and the hull of the brig Dryad was longer, wider and higher than that 
of the brig TchHehcujojf. Consequentl\' the English fear of violence 
on the part of the Russians was improbable, apart from the verbal 
and written declaration that Article XI would be strictly observed 
bv us. 

2. The statement that the Russians endeavored to iiritate the natives 
against the English ought also in justice to be rejected, jis an unfounded 
calumny. In explanation it is necessary to ol)serve that the strongest 
and most numerous tribe of the natives dwell upon the sea coast and 
upon the rivers and streams, but they themselves do not catch otters 
(the chief article of trade in these countries) because the animals are 
not found where they live. On the contrary they go, at certain 
periods, into the interior of the continent to obtain furs from the 
tribes there, in order to resell them afterwards to the Europeans at a 
profit. Consequently the natives had reason to favor our European 
settlement in the cstuar}^ and to oppose any settlement in the interior 
among those tril)es who, up to now, have provided them with furs, 
which would thus pass to the English at lirst hand. 

And more than this: the English brought with them Canadian 
hunters for the purpose of catching sea-otters themselves, as they do 
whenever an occasion presents itself. Consequently, not only the 
coast tribes, but those in the interior as well, would loose their prop- 
erty and the prohts of their trade. It seems that, such l)eing the state 
of affairs, the natives had every reason to be angry with the English 
and to oppose their entrance into the river threatening to attack their 
projected settlement in the interior, up the Stakine river, and this 
without any encouragement on the part of the Russians. 

To the Department of Trade and Manufactures. 



The Board of Directors of tJie Russian American Con(j)any to the 
Governor of the Russian American Colonies^ Ivan Antonovich Kn/pre- 
yanoff, March m, 1836, No. H8. 

[Translation.] 

From the report of your predecessor Baron Wrangell, of April 30, 
No. 135, on the trade with the Kolosh in our straits, and on the con- 
dition of the Dyonisius redoubt, the Board of Directors noticed with 
pleasure that the scope of our operations increases through acquaint- 
ance with Chilkat and that there 'is hope of obtaining furs from the 
natives of that bay as well as from those of the Taku canal discovered 
by Mr. Kuznetsotf. 

The Board of Directors begs of you to maintain Baron WrangelFs 
dispositions with regard to the sending there of vessels with merchan- 
dise and the reinforcement of Dyonisius redoubt by the alternate 
detail of vessels there for greater security. 

With regard to the opinion of Ferdinand Petrovich, expressed in 
the same report on the diminution of prices for furs ])ought from the 
Kolosh, the Board of Directors begs of you to take it into considera- 
tion and put it into execution gradually, if not at once. Better qual- 



292 PAPEKS KELATING TO 

ity of river beavers and otters are received from Sitkine tlian from 
Sitka, and on account of this somewhat higher prices ought to be paid 
for them than for the Sitka ones. The l)hick fox obtained from Chil- 
kat is also of better cjuality, consequently for the purpose of encour- 
aging- the natives in bringing the fur.s entire and not in ready sewed 
garments, it is necessary to show the same distinction in payments 
and according to this, making arrangements with regard to other furs, 
taking into consideration both quantity and quality in their trade, the 
one compensating the other. 

Tv, Prokofyeff 
IS'. KUSSOFF 
A. Severin. 



Count N^esselrode to the Britisli Aml)assado)\ March 10^ 1837. 

[Translation.] 

The undersigned, having received the note that His Excellencv Lord 
Durham, Ambassador Extraordinary and Plenipotentiar}- of His Bri- 
tannic Majesty has done him the honor to address to him on the 4/16 
February last, has taken all the more interest in getting acquainted 
with the documents that accompanied it, as they seemed destined to 
cast a new light on the claim that the English Company of Hudson 
Bay brings against the Russian-Amei'ican Company. However, an 
attentive examination of these documents has convinced the under- 
signed that no new fact had been developed in support of the said 
claim, or that was of a nature to invalidate the arguments that the 
Imperial Ministry had considered its duty to present in opposition. 
In fact, among these documents, some were already known to the Im- 
perial Ministry by previous communications of Lord Durham, namely^: 
the report of Mr. Skeen Ogden, and the papers of his correspondence 
with the authorities of the Russian settlements on the North-West 
Coast. Others contain both the depositions of ditferent individuals 
that took part in the expedition of the Dryad towards the Stakhine, 
or had knowledge of it, and the detailed specifications of the damages 
and interest that the Hudson Bay Company claims payment of. 

What the said Company strives to prove by these documents, is that 
the authorities of the Russian settlements on the North-West Coast not 
only did not permit the Dryad to enter in the Stakhine, but that they 
went as far as threatening the chief of that expedition to use violence 
towards him, in order to force him to retire and that it was those 
threats, as well as the evidence of the danger thev entailed that led 
Mr. Ogden to abandon the enterprise which had been entrusted to his 
direction. 

In thinking over these different allegations, the undersigned must 
refer to the note he had the honor to address to the Ambassador, dated 
December 21, 1835. His Excellency will be kind enough to remember 
that the Imperial Government earnestlv disavowed tlie erroneous inter- 
pretation of the Convention of 1825, on which was based the refusal 
to admit the English vessel into the Stakhine. As for the threatening 
speeches attrilnited to the Russian officers, it was proved in that same 
note of December 21, that nothing establishes their reality, not only 
because the Russian officers declare to the contrary, but also because 
their reports to the Imperial Government and their correspondence 



KUSSIAN OCCUPATION UP TO ISllT. 293 

with Mr. Ogden, show that the}" expressly announced their intention 
to abstain from all manner of violence in order not to act against the 
stipulations of the treaty. It would seem that on this point, the tes- 
timony of indi\'iduals who were heard in the case by direction of the 
Hudson Ba}" Company and that, besides, could only testify through 
interpreters whose veracity is not guaranteed, cannot in the eyes of 
the Imperial Government, deserve more credence than the reports of 
its own authorities and their written communications to Mr. Ogden. 

The fact of alleged threats, being thus reduced to its fair value, the 
evidence of the danger caused by these threats and that would have 
been incurred l)y the Dryad^ had it pursued its course, naturally dis- 
appears, and with it goes the principal argument on which the English 
Company has based its claim for an indemnity. 

In his note of the 21st of December, the undersigned stated that if 
Mr. Ogden thought best to give up the pursuit of his expedition and 
abandon a project the execution of which had been entrusted to him 
by the Company, he yielded, not so much to an absolute necessity as to 
an excess of prudence. However, this point of view has been modi- 
tied in a measure when the undersigned read the testimony of Messrs. 
Charles Kipling and Alexander Duncan, both being ocular witnesses 
of what occurred whilst the Dnjad w^as stationed at the mouth of the 
Stakhine. According to their statement, one of the principal motives 
that determined Mr. Ogden to leave those parts, after a consultation 
had been held on board his vessel, was the danger to which he and his 
companions were exposed from the native Indians, these having threat- 
ened to massacre the ofhcers and crew of the Dryad^ as well as the 
other persons who accompanied the expedition, if they attempted to 
ascend the river. This fact deserves to lie noticed because it proves 
that it was not an excess of prudence, as the undersigned considered 
it at tirst, but the foresight of a real danger that prevented ]Mr. Ogden 
from fultilling his commission to the end; in fact, that it was not the 
alleged threats of the Russian authorities, nor their protests that have 
caused the expedition of the Dryad to fail, but it was unsuccessful, 
because the agents of the Company, during their voyage in 1883 to 
explore the country with a view of forming a settlement, had mistaken 
the real disposition of the natives and that it is only on their return, 
the year after, that they became convinced that the contemplated set- 
tlement w^ould not be tolerated by the Indians themselves. 

It is possible to suppose that, struck by this certainty, Mr. Ogden 
would have eagerly seized the pretext furnished him by the opposition 
of the Russian authorities, in order to retire, letting the consequences 
of his conduct fall on them. 

However this hypothesis may be, it henceforth remains proved that 
the opposition of the Russian authorities has not l)een the true cause 
of the withdrawal of Mr. Ogden. or at least that it cannot be considered 
as the principal obstacle to the pursuit of his expedition; and this cer- 
tainly can only contirm the Imperial (Tovernment in its view of the 
matter, which has not allowed it to recognize the justice of the claim 
which the Hudson Bay Compan}' brings against the Russian-American 
Company. 

Begging the Ambassador of His Britannic Majesty to submit this 
view to the attention of his Government, the undersigned has the 
honor, &C. 

Count de Nesselrode. 



294 PAPERS RELATING TO 

Count Nesselrode to the British Ambassador, March 10, 1837. 

[Translation.] 

Confidential.] 

In answering to-day the official note that Your Excellency sent me 
on the T 16 of February, I duly return enclosed, according to Your 
Excellency's expressed desire, the original papers that accompanied 
it. If the examination of these papers could have any influence over 
the opinion that the Imperial ( lovcrnment had previously formed I'cla- 
tive to the matter in question, that opinion would be modilied to the 
prejudice rather than in favor of the claim instituted by the Hudson 
Bay Company. I shall not return to the arguments that I have dis- 
cus\sed on the subject in an official note of this day's date, unless it is 
to express the just hope. My Lord, that Your Government will be 
pleased to consider them and judge them with equity. But there is 
one fact that I can not overlook and which I prefer to submit to you, 
My Lord, in this confidential letter. 

More than once already, the authorities of our settlements on the 
North-West Coast have complained to the Imperial (Tovermuent that 
foreigners, coming to trade in those parts, furnish arms and ammuni- 
tion to the natives, in violation of the positive stipulati<uis prohi))iting 
such trading. So long as these complaints were unaccompanied by 
data proving a special fact, the Cabinet of the Emperor abstained from 
making a formal application to the Britannic Government, however 
real and grave for the safety of our settlements, were the consequences 
of a traffic that furnishes the natives the means of practicing acts of 
hostility against them. 

To-day. however, it appears from the papers Your Excellency for- 
warded to me, that the complaints of our authorities are not devoid of 
foundation, for Mr. Alexander Duncan acknowledges without subter- 
fuge, that at the time of the first visit that he made in 1S88, with ]Mr. 
Ogden, on the borders of the Stakhine, they exchanged with the 
natives, among other merchandise, gunpowder for sealskins. , Does 
not the frankness with which this fact is stated in the testimony of 
Mr. Dimcan, prove that the sale of gunpowder is not considered in 
those regions as an illicit act, and is it not easy to infer from it a proof 
of what the Russian authorities have stated more than once, namely 
that such a trade is carried on a scale infinitely prejudicial to the peace 
of our st^ttlements^ 

I deem it my duty to point out to Your Excellency a state of affairs 
that is so evidently contrarv to the letter as well as to the spirit of the 
convention of February 16/28, 1825 and beg Your Excellency to kindly 
call the attention of your Government to the necessity of efficiently 
repressing abuses which, of course, do not justify. Init that explain the 
refusal of our authorities to allow Mr. Ogden to return to those regions 
where, the year l)efore. both he and his companions had transacted oper- 
ations expressly prohibited by the treaty. 
Accept, etc. 

Count de Nesselkode. 



Lord Darh((m to Count JSfesseh'ode. 

St. Petersburg, March £^, lSo7. 
Sir: I have had the honor of receiving Your Excellency's note and 
confidential communication respecting the claim of the Hudson's Bay 



RUSSIAN OCCUPATION UP TO 18()7. 295 

Conipaii}' and t<\vd\\ according- to ^-our Excellency's desire bring them 
under the notice of His Majesty's Government, 

At the same time 1 cannot do so without submitting to Your Excel- 
lency some considerations which forcibly impress themselves on luy 
mind, on perusing the above mentioned communication. 

Your Excellency supports the renewal of your refusal to grant the 
compensation demanded by the Hudson's Bay Company by reference 
to the additional facts which have been discovered in the Documents 
laid before you on behalf of the claim, and Avhich, as Your Excel- 
lency contends, prove that the British Expedition was deterred from 
proceeding more from fear of the Indians than of the Russians. 

I cannot Init think that an incidental and supplementary remark 
made by Messrs. Kipley and Duncan ought not in candour to have 
formed the foundation of a charge against the British P]xpedition, of 
having disguised the real cause of their failure, and invented the pre- 
text of Russian hostility, when in reality it had l)cen caused by the 
opposition of the natives. All the facts alleged, and all the proofs 
adduced prove the contrary — but even supposing that the allegation 
which Your Excellency suggests was true, and that the dangers to be 
apprehended from the tomahawks of the Indians outweighed those 
arising from the cannon of the Russians, it does not follow that both 
dangers had not one common origin — The Russian Eur Company — and 
the actions and menaces of the Indians were not as nmch directed by 
Russian influence as the guns of the ship of war were pointed by Rus- 
sian seamen. 

So far therefore from this fact weakening the claim of the Hudson's 
Bay Company on the Russian Government, in my mind it greatly 
strengthens it, as it shews the extent of the means which were resorted 
to in order to prevent the success of the British Expedition. 

With respect to the other observation regarding the sale of Gun- 
powder to the natives — it rests also on a casual word in the deposition 
of Mr. Duncan. There is every proljability from the mode in which 
it is mentioned, that it was only a small quantity for hunting purposes; 
at any rate, as it w^as sold to Indians in alliance with the Russians and 
subsecjuently actively engaged in cooperating with them in repelling 
the British Expedition, it could not have taken place with any hostile 
views, or in wilful violation of the Convention. Moreover, it could 
not justify the violence with which my countrymen were treated, as 
the circumstance was not known to the Russian Authorities there, and 
was only discovered, b}^ the perusal of Mr. Duncan's affidavit a few 
weeks since. 

I must therefore firmly deny that the British are liable to the reproach 
of having supplied the enemies of Russia on the North West coast of 
America with ammunition and weapons of war. I will remember, 
when discussing last year with Your Excellency the subject of the 
renewal of the American Convention, that whilst the practice of the 
American Traders in this respect were complained of by Your Excel- 
lency, you at the same time acquitted the British of any such violation 
of the Convention of 1825. 

Your Excellency will excuse my offering you this short reply to 
arguments, which I must say have all the appearance of ])eing founded 
on after considerations, and do not bear the marks of that candid, fair 



296 PAPERS RELATING TO 

and equitable spirit, which usually distinguishes the communications of 
the Russian Cat3inet. 

I have the honor to be with the highest consideration, Sir, 
Your Excellency's most obedient servant 



To His Excellency Count Nesselrode, etc. 



Durham. 



Mr. MlThaiike to Count Nesselrode. 

St. Petersburg, July 13^ 1837. 

The Undersigned, Her Britanic Majesty's Minister Plenipotentiary, 
has been instructed by his Government to address to His Excellency, 
the Vice-Chancellor, Count Nesselrode, the following observations, in 
reply to His Excellency's notes to the Earl of Durham of the 22nd of 
March last, upon the suliject of the claim of the Hudson's Bay Com- 
pany, and in addition to the observations already made on the Count 
Nesselrode's notes by the Earl of Durham in his note of the 24th of 
March. 

Count Nesselrode rests the continued refusal of the Russian Gov- 
ernment to make compensation to the Hudson's Ba}^ Company in the 
first place, upon the ground that the opposition of the Russian Author 
ities was not the real cause, or at all events not the principal o])stacle 
which prevented the British Expedition from proceeding up the 
Stikine River. 

To this allegation. Her Majesty's Government conceive, that a suffi- 
cient answer woidd be furnished by the admission of the Count Nes- 
selrode himself in His Excellency's confidential note of the 22nd of 
March, in which His Excellency states, that the circumstance of Mr. 
Ogden having in his iirst visit to the River Stikine in the year 1833, sup- 
plied the natives with Gunpowder in exchange for Peltries, explained 
although it did not justify, ''the refusal" of the Russian Authorities 
to allow Mr. Ogden in the following year to proceed to the district in 
which he had so tnided, in articles prohibited by the Treaty. 

It is upon the fact of this refumJ on the part of the Russian Author- 
ities to allow the Expedition to proceed, that the claim of the Hud- 
son's Bay Company rests. That fact appeared to His Majesty's Gov- 
ernment to have been sufficiently established ])y the evidence already 
adduced, l)ut it is here distinctly admitted by Count Nesselrode him- 
self; — and the Undersigned is instructed to observe that such a refusal 
notified by the Commander of a ship of war to the Master and crew of 
a Merchant ship, must be held to be equivalent to a threat, that force 
would be employed if necessary to carry it into effect; and therefore, 
the reluctance of the Hudson's Bay Company to expose the Expedition 
under their charge to the probable consequences of disregarding a 
notification so made to them, cannot justly be imputed to them as an 
excess of caution not warranted by the circumstanc(\s of the case. 

Count Nesselrode further alleges, that it appears by the depositions 
of Messrs. Kipling and Duncan, that one of the principal reasons which 
occasioned the departure of the Expedition from the Stikine was the 
apprehensions entertained by the British parties of danger from the 
Indians; and his Excellency would therefore have it to be inferred, 
that it was the apprehension of real danger, and not excess of prudence, 
as he had previoush' alleged, which caused the expedition to be aban- 
doned. 



RUSSIAN OCCUPATION UP TO 1867. 297 

But the Undersijj'ned is instriK-tod to remark, that the real purport 
of the deposition in question, is not exactly what Count Nesselrode 
represents it to be. The deposition of Mr. Kipling- states, that it was 
the declaration of the Commander of the Russian Brig, and the threats 
of the Russians which rendered the parties in charge of the expedition 
apprehensive not only that the great danger was to be apprehended 
from the officers and crew of the said Russian Brig, but also from the 
Indians in that quarter, who were under the intiuence of the Russians: 
and the deposition of Mr. Duncan states, that, '"' in consequence of the 
"threats, of the said Russian officers, and of the Indians under their 
" influence,'' it was resolved to abandon the Expedition. 

It is manifest, therefore, from these passages, that the danger prin- 
cipally apprehended was from the threats of the Russian officers; and 
also, that the further danger, whatever that might be, w^hich was 
apprehended from the Indians, was attributed to Russian influence; 
and when it is considered, that the Agents of the Hudson's Bay Com- 
pany had traded amicably with the Indians on the River Stikine, so 
recently as the year 1883, as stated in Mi-. Duncan's deposition, it is 
not unreasonable to assume, with the Hudson's Bay Company that the 
unexpected hostility 'to the British Expedition, manifested by the 
Indians in the succeeding year, was instigated by Foreign influence 
and fostered by tlie representation of a rival association. 

The Undersigned is instructed to state, that Her Majesty's Govern- 
ment upon a full review of all the circumstances of this case, must 
still maintain that the failure of the Expedition in question, was occa- 
sioned by the conduct of the Russian Authorities, and must persist in 
urging the Cabinet of St. Petersburg to make to the Parties that com- 
pensation for their losses which is justly due. 

Before concluding this note, the Undersigned will briefly advert to 
the complaint made by Count Nesselrode, that the Traders of the 
Hudson's Bay Company supplied the Indians on the River Stikine 
with Gunpowder, in the year 1838. The Hudson's Bay Company 
entirely deny that their agents anticipated the probaljility of the Gun- 
powder in question being employed by the Indians for purposes of 
hostility against the Russian settlement. The uses to which the 
Indians usually put the Gunpowder supplied to them are the procur- 
ing of Peltries and food; and the agents of the Hudson's Bay Com- 
pany could have no reason to doubt, that the small quantity of 
Gunpowder which they supplied to the Indians on the Stikine, would 
be employed by them in the same manner as that which they are in 
the constant habit of furnishing to the Indians on i\\Q Britii^h Territory^ 
witliout any prejudice to the Establishments of the Hudson's Bay 
Company. 

The Undersigned is, however, instructed to state to Count Nessel- 
rode that strict orders will be given to prevent for the future any 
such sale of Gunpowder by British Traders on the coast of the Rus- 
sian Territory. 

The Undersigned avails himself of this opportunity to renew to His 
Excellency the assurance of his distinguished consideration. 

[seal] (Signed) J. B. Milbaiske. 

Count Nesselrode to Mr. Milbanle^ April 28, 1838 

[Translation.] 

The undersigned has deemed it his duty to submit to Lord Durham, 
in the notes he has had the honor to address to His Excellency on 



298 PAPEKS RELATING TO 

December 1835 and March 10, 1837, the reasons which prevented the 
Imperial Government to consider as just, the claims lately presented 
by the Hudson Bay Company against the Russian- American Com- 
pany. Not only were these reasons deduced in a oreat measure from 
the very documents the claimants themselves had presented in their 
case, but they seemed to be all the more deserving of consideration as 
the Imperial Government had, at the same time, hastened to disavow 
the interpretation that the authorities of the Russian settlements on 
the North-Western Coast had given to one of the articles of the Con- 
vention of 1825, in order to prevent the Dryad from ascending the 
Stakhine. As the Imperial Ministry had been so frank in its expla- 
nations in the matter, it experienced all the more regret on reading 
the subsequent communications of the British Embassy on the same 
subject and namely, the note that Mr. Milbanke, Minister Plenipoten- 
tiarv of His Britannic Majestv did liim the honor to address to him on 
July 1 13 last. 

In answer to it, whilst referring to the arguments developed in his 
previous notes, the undersigned deems it his duty to add the following- 
explanations, that have been suggested to him, on one side, by a new 
and scrupulous revision of the att'air in questioir, and on the other, by 
additional light furnished by the Russian-American Company in regard 
to the circumstances connected with the claim of the English Hudson 
Bay Company. 

The claim for indemnity presented by this Company, is based 
on the fact that the declaration of the Russian authorities that the}' 
could not let the English vessel enter the Stakhine, was accompa- 
nied by threats and demonstrations such as to make Mr. Ogden 
foresee an evident danger if he pursued his intended course. This 
fact would no doubt be dcicisive, if it could be proved in an unques- 
tiona))le manner. Not only has it not been proven, but it has been 
met by a most formal denial on the part of the authorities to whom 
these threats are attributed. On examining with impartiality the 
proofs furnished ])v both sides, it is found, in fact, that some parle}^- 
ing did take place between the Russian authorities and the persons 
composing the English expedition; that interpreters, foreign to both 
nations, and consequently, whose faithfulness is in noway guaranteed, 
have been employed in this case; that being unable even by this means 
to come to an understanding, recourse was had to pantomime, in short 
that it is on such facts that the event is demonstrated, that the Rus- 
sian authorities had threatened the English vessel with repelling bv 
force of arms its attempt to entei' the Stakhine. On the other hand, 
there exist declarations that the Russian officers have addressed in 
'writ'mn to Mr. Ogden, which not only do not contain any threats, but 
explicitly disavow the intention of using violent measures. In this 
respect, the undersigned relies on the communications made to Mr. 
Ogden by Lieutenant Sarembo on the loth and 18th of June 1834, bv 
Captain Lieutenant Etolin, on the 14 26 of fJune, and finally by Cap- 
tain Baron Wrangel, on the 19th of September of the same year. Is 
it possible to hesitate as to what must be considered as true or erro- 
neous, between testimony so contrary and so ditierent in kind^ And 
even were the allegations on both sides supported by proofs of equal 
value, the Minister of His Britannic Majesty could certainly not 
expect that the Imperial Government should take no account of the 
reports of its own authorities, and have faith in the assertions of alien 
subjects, more or less interested in the case. 



RUSSIAN OCCUPATION UP TO 1S()7. 299 

Mr. Milbanke has argued, among other pohits, that a prohibition 
notified by an officer commanding a war vessel to the captain and crew 
of a mercantile vessel, must be considered as equivalent to a threat, 
for in case of need, that prohibition could be supported bv force; that, 
consequenth", if the Hudson Bay Company did not wish to risk sub- 
mitting its expedition to the proliable consequences of its refusal to 
conform to a notification made in such a manner, it is not liable to 
reproach for an excess of prudence not sufficiently justified by the 
nature of the case. In answer to this argument, the undersigned will 
limit himself to reminding ]\Ir. Milbanke, that according to maritime 
usages, a notification or a summons made by a war vessel, only takes 
the character of a threat when it is accompanied l\v a cannon shot fired 
in the air; that such a demonstration, Avhich is generally intelligible, 
did not take place in regard to the Dri/dd and that therefore Mr. Ogden 
could always be accused of excess of prudence for having left the bor- 
ders of the Stakhine before being certain how far the opposition of 
the Russian authorities might go. Besides, even if the general rule 
pleaded by Mr. Milbanke were exact, the implication which he has 
deduced therefrom, seems all the less applicable to the case as Art. XI 
of the Convention for])ids all act or measure of violence; as under the 
guarantee of this stipulation, the P^nglish expedition had no danger to 
fear from the liussian aufhoriti(^s, who. in their parleying with Mr. 
Ogden had expressly declared their willingness to confoim to the 
rulings of the said Art. XI. 

But there is uiore. The Russian vessel, the Tf<chitKc]i<ig<{f\ which 
was stationed at the mouth of the Stakhine, at the time the Dryad 
appeared, is not a war vessel, but a merchant brig, belonging to the 
Russian American Company, so that the argument based on the pre- 
sumed presence of a war vessel in those parts, falls by itself. The 
Tsr/ilschagoff is besides of a smaller size than the JJrj/ad^ her crew 
not much more numerous than that of the English vessel; it is true 
that she was armed with cnnnons, l)ut so also was the Dryad. The 
two vessels being of about the same strength, it would not l)e exact to 
say that Mr. Ogden could not have pursued his course, without expos- 
ing himself and his companions to an evident danger from the Russian 
seamen. It is allowal)le, on the contrary, to infer more and more cer- 
tainly, that his retreat was determined by considerations of quite 
another nature and by motives nuich more real than those he has 
chosen to plead. 

What, in fact, appears to have principally led Mr. Ogden to give 
up his enterprise is, as the undersigned has stated in his note of March 
10, the certainty that the natives would not allow the settlement 
intended by the company. Indeed, however incidental, however casual 
may have been the remarks of Messrs. Duncan and Kipling, who were 
the first to mention the dangers the English expedition had to fear 
from the natives, it is nevertheless a fact, that can be considered as 
proved, viz: that it is that fear and not the declarations of the Russian 
authorities that determined Mr. Ogden and his companions to with- 
draw. In this respect, the undersigned sees himself, Avith regret, 
ol)liged to enter into an explanation he would have wished to avoid. 
It has been stated in the depositions of Messrs. Kipling and Duncan, 
that independently of the threats attributed to the Russian authorities, 
the hostile disposition of the Indians, who were under the influence of 
the Russians, had also been taken under consideration, on board of 
the Dryad. In mentioning this fact, in his note of March lU, the Impe- 



300 PAPERS RELATING TO 

rial Minister was far from supposing- that the expression "under the 
influence of the Russians,"' which seemed to liave been used to desig- 
nate the Indians settled in the territory ])elonging to Russia, conveyed 
the idea that it was the Russian authorities that had inspired hostile 
feelings against the English and had excited them to the atrocious acts 
with which they threatened the expedition. If such was the meaning- 
to be attributed to the words above quoted, they would imply, avow- 
edly, a grave charge against the Russian autliorities, a charge which 
Messrs. Duncan and Kipling themselves have, doul)tless, not even 
fathomed the importance, as it tends to nothing less than tarnishing 
the honora])le character of the officers commanding in those parts, and 
to throw a false light on the connnercial operations of the Russian- 
American Company, as well as on the legitimate and beneticent influ- 
ence that its agents can exercise in those regions. 

In order to tix the serious attention of the Imperial (Tovernment, 
such an accusation would have to be backed l)v some proof, or have 
at least the merit of probability. Not only no fact has been brought 
forth in support of such assertions, but all the circumstances concur 
on the contrary, to prove its falseness. Fi)"st of all, Mr. Milbank 
must notice that, if in 1833, the agents of the Hudson Ray Company 
met with friendly dispositions on the part of the chief of one of the 
Indian tribes, it cannot be inferred that other Indians in the same 
region have viewed the project of the Company settling there with a 
favorable eye and is it not allowable to believe that they may have 
resolved to oppose it, without its being necessary for the Russian 
authorities to excite them to resistance!' 

Never. Iiesides, have the Russians settled on the North- West coast 
allosved themselves to intrigue in that manner. It would be contrary 
to their own interests as well as against the very principle of their 
colonization. The Russian colonists do not distribute arms, ammuni- 
tion or spirituous liquors to the natives, the trade of which is pro- 
hibited by Article IX of the Convention of 1825 rrrespecf ire of territory ; 
still less would they consider themselves authorized to foment ani- 
mosity among those tribes against any foreign nation. On the con- 
trary, having formed on the north-west coast, durable settlements, the 
Russian-American Company is interested al)Ove all in inspiring paciflc 
dispositions in the tribes, with which it has transactions and to excite 
among them habits of order and social)ility, and consequently to avoid 
carefully all that might be contrary to such a system, and nothing 
contrary, undou))tedly, than excitations of the kind that Mr, Milbanke's 
note imputes to the agents of the Company. 

. The irritation of the natives ag-ainst the projected settlement, can be 
explained, however, without its being necessary to attribute it to a 
foreign influence, by the very nature of their commercial operations 
and theii' interest in not having them disturbed. The Indians living 
in the interior of the Continent are principally occupied ^.^dth l)eaver- 
hunting. They are accustomed to sell the product of that hunt to the 
tribes settled along the coast, who. in their turn make it th(^ o])ject of 
a more or less advantageous trade, .ither with the European settle- 
ments which exist on that coast, or with the vessels that visit it. This 
practice having- continued to the present time, the natives must have 
become alarmed at the sight of a vessel bringing a numei'ous proces- 
sion of enterprising ""travellers" from Canada, and coming with the 
avowed intention of forming a settlement in the interior for the pur- 



RUSSIAN OCCUPATION UP TO 18GT. 301 

pose of l)oaver hunting as well as trading in s^ins. Neither the natives 
of the interior nor those of the coast could see this new settlement, 
without great ap])rehension, the first because it threatened to exclude 
them from a hunt they had beer the only ones to follow up to the 
present time, tlie others, l)ecause they c -uld not compete with the new- 
comers in their tr.iding with the natives of the interior, and l)oth, 
finally, because it ati'ected their only means of subsistence. 

During a stay of eleven da3'S at the mouth of the Stakhine, Mr. 
Ogden must have had the time to find out the real state of afl'airs in 
this respect; he must have understood, though too late, how deceptive 
had been the friendly demonstrations showered on him during his 
first visit in those parts. Seeing the natives ready to unite in order 
to prevent the execution of his project by means of violence, he 
deemed it more prudent to give it up, and more expedient to attribute 
the cause of his disappointment to the Russian authorities. 

These explanations will suffice to prove to the Minister Plenipoten- 
tiary of His Britannic Majesty that if the Imperial Government can 
not recognize the claims presented by the Hudson Bay Company as 
founded on right, it could still less admit the neW' allegations, by 
means of which the claimants have tried to support their demands. 

But there is one circiuustance on which the undei-signed deems it 
his duty on this occasion, to call the attention of Mr. Milbanke. Since 
the period where foreign vessels, taking advantage of the right 
accorded to them by the conventions of IS^-i and 1S25, came to trade 
with the natives of the north-west coast, their operations have not 
always been confined within the limits assigned l^y these same conven- 
tions. With most of them, the things for exchange employed by them, 
were precisely those that Art. IX of the Convention with England hacl 
formally excluded from this trade. The English vessels did not remain 
strangers to this abuse. The depositions of Mr. Duncan, which are 
among the documents furnished by the E^mbass}' of His Britannic 
Majesty, already prove that the sale of gun-powder was nothing iui*us- 
ual with English speculators in their exchanges with the natives. 
Other agents of the Hudson Bay Company, have not hesitated in 
acknowledging with the same frankness to the officers of the Russian 
settlements, that the sale of rum was for foreigners coming to this 
coast, the only branch of trade really advantageous and that, conse- 
quently, the English, were unable to refuse it. Therefore, in mani- 
fest violation of Article IX of the Convention, spirituous liquors, as 
well as gun-powder and fire-arms, have never ceased to figure among 
the articles of exchange given with profusion to the natives. This 
fact is notorious on the north west coast, and the correspondence of 
the Hudson Bay Company can, without doubt, if necessarv, furnish 
more detailed proofs. In the mean time the prejudice to the Russian- 
American Company which resulted from it, is incalculable. Its reg- 
ular trade suffered from a contraband against which no repressive 
measure was possible. On the other hand, the facility with which the 
natives found the way to get, through these aliens, powder and rum, 
which was refused them by the Russian settlements, estranged froui 
them tribes with whom they had connection. 

Up to the present time, the Imperial Government has alistained, in 
regard to the friendly relations that so happily sul)sist l)etween the 
two countries, to formally notice the fraudulent practice that may 
have escaped the supervision of the Britannic Government. There- 



302 PAPERS RELATING TO 

fore the undersigned believes it his duty, for the present, to specially 
bring- it to the attention of the Minister Plenipotentiary of England. 
However, if the British Government deemed it pertinent to subse- 
quently support the claims in regard to the affair of the Stakhine, 
claims as groundless in their origin as they are exaggerated in their 
object, it nuist not l)e surprised tbat, on its side, the Imperial Govern- 
ment should no longer refuse its protection to the claims of the Rus- 
sian-American Company, concei'ning the violation of article IX of the 
Convention of 1825 and that it reserves to itself the right to produce 
the claims of the said Company for a just reparation of the damages 
suffered by it as a result. 

The undersignetl avails himself of the occasion to renew, &c. 

Count de Nesselrode. 



The Governor of the Russian Colonies in America io the Commander of 
the Brig Chiehujof, Lieut. Zaremho, March ^J, 1838 {No. 66). 

[Translation.] 

In the brig entrusted to you, you will sail this summer to the Kolosh 
Straits situated within our frontiers. The supplies for the Dionysius 
redoubt sent from this port must be delivered in the shortest time pos- 
sible. This is why you should take your course direct from here to 
the straits; for your successfubnavigation through the narrows situ- 
ated in this vicinity you will receive assistance from this port, which 
you will send back as soon as you will cease to need it. 

On your arrival at Stakine, or soon after, 3'ou will probably see an 
English vessel destined for the river Stakine which they have a right 
to navigate. You will have only to present to her commander my 
statement with regard to this matter in English and French (and in 
Russian translation for your knowledge). Leave one of these papers 
in the redoubt for the purpose of presenting it to the English, while 
all the papers in foreign languages which exist there at present, 1 beg' 
you to take and to forward to me. I beg of you to comply most accu- 
rately with the instructions given you with regard to prudence and 
courtesy towards the British, and see that the same is observed not 
only by your subordinates but by the manager of the redoubt and his 
command; in case, however, of any illicit acts of the English, endeavor 
to explain this to them, and, without using any arl)itrarv measures (on 
account of the mutual agreement of our (Tovernment and theirs in 
article XI of the convention) inform me of the fact immediately, noti- 
fying them of the same. 

Your assistant, Mr. Lindenberg, has been appointed to this post in 
preference to others on account of his knowledge of the English lan- 
guage, consequently there can be no misunderstandings with regard 
to this. What 1 said last year in my instruction to you with regard 
to Mr. Lindenberg's establishment on the steamer during the naviga- 
tion of the English up the river Stakine may be executed likewise at 
present, but only in case it can be done with delicacy and with their 
consent, as if done in consequence of Mr. Finlayson's invitation 
extended to me during his stay here. 

The purpose of the navigation in the straits of the brig entrusted to 
you and her stay at the redoubt is the same as that of last year; there- 
fore I will mention here: That in addition to your visit to Kaigan, 
Tongas and other harbors, where you may expect the putting in of 



RUSSIAN OCCUPATION UP TO 1867. 303 

foreign uierchant men, manage .so that you may be able this summer 
to visit Chilkat and Taku for trading purposes with the inhabitants 
and for the survev and sounding in the proper manner of the mouths 
of these rivers (simihir to the survev of the river Stackin made last 
year), so that it may be possible to judge of the possibility of navi- 
gating them, and also to examine in detail localities worthy of notice 
for the advantages of the Company and the navigation of its vessels. 
1 beg of you not to lose sight of all this and reconnoiter with strictest 
accuracy all these localities as well as all the straits visited by you, while 
trading with the Kolosh, for the benefit of the Company for which 
purpose you are furnished with as much merchandise as could l)e given 
you according to your request. 

1 do not deem it superfluous to add that, according to information 
received by me, the Kolosh of the Kukhantan tribe from Chilkat 
intend to come to Stakine this summer for the purpose of avenging 
the murder of their tribesmen. Should this be true I beg of j^ou to 
take all possible measures for the reconciliation of the warring parties; 
in addition to your mediation with regard to establishment of peace I 
recommend that you should see that none of the Russians should in 
any way whatever take part in or meddle with the aflairs of the Kolosh 
under strictest responsibility. 

In case you should meet in our straits a United States vessel, 1 
enclose herewith for presentation to the captain my statement in 
English and in French (and liussian translation) and three lists of 
questions. 

I recommend you to be very economical with the powder on account 
of our present lack of it, by not using it for any unnecessary expendi- 
ture, as for holidays or salutes which may be avoided. 

I enclose herewith the passport and roll of the complement of the 
l)rig ChicJiayoif. 



Report of the Goctrnor of t]i,c Russian rolome^'i in America to the hoard 
of directors. May i, 1838 {No. 192). 

[Translation.] 

Last year, when sending the brig Chichagojf to the Straits I instructed 
her conmiander, Lieut. Zarembo to detail his assistant, pilot Linden- 
berg, to make a detailed survey and soundings of the river Stakine 
from its mouth to the end of our possessions in the interior of the 
continent, which was executed b}^ him with accuracy. 

Moreover, Lindenberg made a similar survey of our newly discov- 
ered strait, named in honor of my predecessor. Strait Wrangell. I 
have the honor of forwarding to the Board of Directors the maps and 
journals of these two surveys, to be sent, according to existing regu- 
lations to the Bureau of the Hydrographer General, with the herewith 
enclosed map of all the Kolosh Straits situated within the Russian 
frontiers, made by pilot Lindenberg. 

I do not deem it superfluous to inform the Board of Directors that 
Lieutenants Illiashevich and Mashin have made, during their leisure 
time, an accurate plan of the port of Novo Archangelsk. Supposing 
that there is none as yet in the oflice of the Board of Directors, I am 
herewith forwarding it likewise. 



304 PAPERS RELATING TO 

3fr. Millanhe to Count Nesst'hode, Octoler 6, 18SS. 

The Undersigned, Her Britannic Majesty's Minister Plenipotentiary, 
has not failed to lay before his Government the note which he had the 
honor to receive from His Excellency the Vice-Chancellor, Count 
Nesselrode, under date of the 28 April / 10 May, 1838, upon the sub- 
ject of the claims of the Hudson's Bay Co. to be indenmified for losses 
sustained by them, in consequence of the Russian authorities on the 
North West coast of America having stopped or turned away, an 
expedition fitted out by the Co. for the purpose of forming a settle- 
ment on the river Stikine, within the limits of the British Territor}^ 
and the Undersigned has been ordered by his Government to make to 
Count Nesselrode the following observation in reply. 

Count Nesselrode endeavours in his note to show: First, that no 
menace was used by the Russian authorities which could be sufficient 
to justify the agents of the Hudson's Ba}" Co. in abandoning the expe- 
dition; secondly, that a reasonable ground existed for the hostility 
displayed 1)y the natives against the prosecution of the expedition, 
without imputing that hostility to Russian intrigues, the existence of 
which Count Nesselrode denies, and thirdly, that the discover}^ which 
the agents of the Co. made respecting the feelings of the natives, was 
the real cause which led those agents to desist from their attempt to 
prosecute the expedition. Count Nesselrode, moreover, intimates, 
that if the Hudson's Bay Co. continues to press their claim, the Rus- 
sian Government will bring forward against the agents of that Co. an 
accusation of violating by their dealings with the natives, the 9th 
article of the convention of 1825, which excludes certain commodities 
from becoming objects of traffic in that quarter. 

Now, to dispose in the first place of the latter of these points, the 
l^ndersigned is instructed to observe, that it is of little moment as 
bearing upon the justice of the British claim, to inquire, whether there 
really was any hostile feeling on the part of the natives with respect 
to the expedition; and whether such hostility, if it existed, was spon- 
taneous, or was excited by the intrigues of the Russian Co. ; and the 
Undersigned is likewise instructed to remark, that even if it were 
proved, that the agents of the H.'s B. Co. had l)een engaged in a pro- 
hibited traffic, that fact could have no bearing upon the present claim. 
But the Undersigned begs to remind Count Nesselrode of His Excel- 
lency's admission recorded in Lord Durham's note to H; Ex'y. of the 
Sith of March 1837, that the Russian Government had no cause to com- 
plain of the conduct of the British Co. in that respect; and it may well 
be doubted whether the British Co. could not make out, that the Rus- 
sian Co. have engaged in the same prohibited traffic, to an equal, if not 
to a greater extent than it is even alleged, that the British Co has done. 
I'pon this point, the Undersigned is further instructed to say, that the 
nuMiace of bringing forward this accusation, in order to deter the Co. 
from prosecuting their claim, may not unreasonably be taken as an 
indication of a consciousness on the part of the Russian Govt, that if 
the claim is to be argued on its own intrinsic merits alone, the right 
of the Co. to the compensation which they ask for, would be indispu- 
tably established. 

The Undersigned passes over with these observations the latter point 
of Count Nesselrode's note, but guards himself against the supposi- 
tion that the British Government acquiesces either in the correctness 



RUSSIAN OCCUPATION UP TO 1867. 805 

of the allegations made respecting those points, or in the conclusions 
drawn from those allegations; and he is dii-ected to confine his further 
observations to the real question at issue, namely whether the expedi- 
tion of the Co. to the Stikine River w as put an end to b}' the interfer- 
ence of the Russian authorities. 

The Undersigned has in the first place to state, that after the admis- 
sion in Count Nesselrode\s confidential note to Lord Durham of the 
22 March 1887, that the Russian authorities did refuse to allow the 
expedition to proceed and that although circumstances might explain 
that refusal, yet those circumstances did not justify it; the British 
Government have been somewhat surprised to see, that Count Nessel- 
rode's note of the 29 April 10 May, expresses a doubt whether that 
refusal was made at all. Count Nesselrode truly saj^s, that the whole 
case hinges upon that circumstance, and as His Excellency had admitted 
the fact, there would scarceh' seem to be any ground for further dis- 
cussion. 

Count Nesselrode professes, however, to examine impartially the 
proofs adduced on both sides, and rejecting as uncertain what is stated 
to have passed in verbal communications between the agents of the 
Co. and the Russian authorities, he rests the case of the Russian Gov- 
ernment upon the written notifications made by those authorities; 
namely, by Lieutenant Sarembo, on the 10th and 18th of June 1834; 
by Captain Etolin on the Itt 26 of June 1834 and by J^aron Wrangel 
on the 19th of September 1834; which notifications Count Nesselrode 
maintains convey no intimation, that force would be employed to pre- 
vent the progress of the expedition. 

But though Count Nesselrode's own admission as to the refusal made 
by the Russian authorities, is of itself sufficient to make out the Brit- 
ish case, 3"et the British Government must contend, in reply to Count 
Nesselrode's last ol)servations, that the language of the written notifi- 
cations of the Russian authorities just referred to, was quite sufficient 
under all the circumstances of the case, to prevent the agents of the 
British Co. from proceeding with the expedition. 

The words of Lieutenant Sarembo on the 10th of June were: "7 
neither alloiv to enter the river Stikine, in consequence of the Instruc- 
tions received from the Chief Director Baron W]"angel.'' The words 
of the same officer and of the commander of the redoubt "' Serge Mos- 
koviteen ■" on the 10th of June were: "/?! ix prohlhited to the Com- 
mander of the said vessel to enter the river Stikine.'' 

The words of Captain Estolin of the 14 26 of June were: "'aucune 
permission ne peut resulter si cet egard," that is to pass up and down 
the Stikine, without reference to Baron Wrangel. 

The words of Baron Wrangel on the 19th of September were: '' j'ai 
donne ordre au Conmiandant de notre port a Stikine, par suite des 
prieres des indigenes habitants dans nos f rontieres sur la riviere Sti- 
kine, de ne point y laisser penetrer les etrangers, c. a. d. de no jyoint 
leur permettre Ventree dans cette 7v'y«'e/r,' " adding indeed, "agissant 
dans le sens du 11'"". art. de la convention." Count Nesselrode appears 
to lay some stress upon this reference to the 11th art. of the conven- 
tion, though a due regard to that article would have prevented the 
Russian authorities from offering any obstruction to the British 
expedition. 

If indeed the instructions given by Baron Wrangel to his inferior 
officer, had been merely to protest against the entrance of the expedi- 

21528—03 2T 



306 PAPERS RELATING TO 

tion in the Stikine river, the article of the convention would very 
uatnrall}' have been referred to; since the object of the article is to 
provide for the settlement of any points of difference, by discussion 
between the Govei'nments instead of by the employment of force by 
the disputants on the spot and a Protest would be a natural foundation 
for such a discussion. 

But the instruction was to j)/-e rent the entrance of the British expe- 
dition and prevention can only ])e effected by violence either done or 
threatened by parties on the spot; and it was impossible for the agents 
of the Bi'itish Co. to draw any other conclusion from these reiterated 
declarations of a determination to prevent the expedition from pro- 
ceeding- than that force would be used if those declarations were not 
deferred to. 

The Undersigned is not instructed to argue the question as to the 
manner in which a notification must be given b}^ a ship of war, in order 
to possess the character of a menace, because the British Government 
cannot suppose, that the observation upon that point in Count Nessel- 
rode's note is intended to be seriously insisted upon; with respect to 
the distinction drawn by Count Nesselrode between an armed vessel of 
the Imperial Navy and an armed vessel of the Russian Co. , the Under- 
signed is only instructed to observe, that for the acts of that Co. the 
Russian Government must of course be responsible, unless the Russian 
Government is prepared to abandon the Russian Co. to such measures 
as the British Government may think fit to adopt against it, in order 
to obtain from the Co. itself the required redress. Neither is the 
Undersigned instructed to enter into a critical comparison of the rela- 
tive forces of the vessel belonging to the H.'s B. Co. and of the armed 
Russian vessel, because that point is perfectly immaterial, unless the 
cabinet of St. Petersburg means to contend, that the matter in dispute 
would have been more conveniently settled on the spot by a conflict 
between the respective parties, notwithstanding that the convention of 
1825 is specifically intended to prevent such local collisions. If such 
indeed be the view of the Russian Government of the course which 
would be the most conducive to the maintenance of the friendly rela- 
tions between the two Countries, the British Fur Co. and Her M.\s 
Government would be at no loss to provide efiectual means for pre- 
venting for the future, any similar interruption to the legitimate com- 
merce of Her Majesty's subjects. 

But the British Government consider that the agents of the Hud- 
son's Bay Co. most properly abstained from resorting to an experi- 
ment which would have been no less contrary to the treaty of 1825, 
than it would have been at variance with the object for which the 
expedition was undertaken. That object was the prosecution of a legiti- 
mate and peaceful commerce; and persons engaged in such an enter- 
prise may justly be held excused, if they are reluctant to hazard their 
own lives and that of others, in a hostile collision, when they have just 
reason to expect, that for the wrong done them, they will obtain 
redress at the hands of the Sovereign whose subjects have disregarded 
the engagements, which that Sovereign has solemnly entered into with 
a friend 1}' state. 

In conclusion, the Undersigned is intrusted to say, that the British 
Government cannot abandon the claim of the H.'s B. Co. for indemni- 
fication for its losses; and the undersigned has onh' further to express 
the confident hope of the British Govt., that the cabinet of St. Peters- 



EUSSIAN OCCUPATION UP TO 1867. 307 

burg will no longer delay affording to that Co. the redress to which it 
is clearly and indisputably entitled. 

The Undersigned avails himself of this opportunity to renew etc. 

MiLBANKE. 

St. Petersburg, Octoher 6th 183S. 



Count Nesselrode to Count Kankreen. 

[Translation.] 

St. Petersburg, Deceniher 5, 1838. 

Excellexcy: With the report of May 4th last I had the honor of 
forwarding to Your Excellency a copy of ni}^ note to the English 
Ambassador, in regard to the indemnification claimed by the Hud- 
son's Bay Company for the losses accruing to that Company on 
account of the refusal to admit its ship into the Stakine river. 

The arguments tending to put the matter in as favorable a light as 
possible for the Russian-American Compan}^ which were taken from 
Your report of April 14 (No. 1293), have not altered the conviction 
of the English Government, as to the justice of the Hudson's Bay Com- 
pany's claim, as Your Elxcellency will perceive from the note of Mr. 
Milbanke, ex-Minister Plenipotentiary of Great Britain. That Gov- 
ernment, on the contrary still claims, with an insistence greater than 
before, indemnification for the losses suffered by the afore-mentioned 
Company through the refusal by our Colonial authorities to permit 
the Dryad to enter the estuary of the Stakine. 

As long as the British Government confined its argument to the cir- 
cumstances attendant upon the action of our Colonial authorities in 
preventing Mr. Ogden from sailing up the Stakine river and, as long- 
as its complaints were about tlie treaty made by us and about the agi- 
tation of the natives against the English traders, so long it was possi- 
ble for us to deny their accusations for want of proof. At present 
the English Government perceives that all these circumstances, which 
have been the subject of a fruitless correspondence for more than three 
years, refer only indirectly to the root of the matter and do not efi'ect 
the main point of their claim. This is in reality the fact, that our 
Colonial authorities, — contrary to the treaty, — issued the order prohib- 
iting Mr. Ogden from sailing up the Stakine river to the English domin- 
ions, wdiere he wished to establish a trading post, this being entirely 
within his rights. We cannot deny this fact and the English Govern- 
ment finds it at present superfluous to enter into details about the cir- 
cumstances which accompanied it, because apart from them, as Mr. 
Milbanke observes, the prohibition of Mr. Ogden to sail further up 
the Stakine is an evident infringement of the plain stipulations of the 
Convention concluded between Russia and England, in consequence of 
which the British Government claims an indemnity for the losses suf- 
fered l)y the Hudson's Bay Company. 

Moreover, personal interviews with Lord Clanricard have convinced 
me, that the British Government will never withdraw its demand for 
this indemnity and that the English Ministr}'^ would like even before 
the opening of the Parliament to obtain some satisfactory^ answer from 
us, in order to be able to answer any questions of the opposition in 
regard to the Stakine affair. 



308 PAPEKS RELATING TO 

In bringing this to Your Excellency's notice, I consider it m}^ duty 
to refer to my report of March 19th on which I had the honor of 
informing- you. that His Imperial Majesty, after having duly consid- 
ered the matter was pleased to admit that it would ])e more in accord 
with the rules of strict justice to admit the principles on which the 
claim is based and to enter into negotiations with the Hudson's Ba^^ 
Company in regard to the amount of the indemnification claimed by 
the Company, rather than to continue a dispute, which we shall be 
obliged ultimately to give in to because the clear provisions of the 
treaty are not calculated to strengthen the side we have defended 
until now. 

If in accordance with His Majest3^\s desire we have made the English 
Government any further secondarj" objections as for instance the pre- 
tended threats of Ogden to continue his voyage notwithstanding the 
expressed prohibition, etc. — these objections have only caused the 
English Government to put aside the examination of such secondar}" 
questions and to base their claims on the one and universally acknowl- 
edged fact of the prohibition itself which was made by the Russian- 
American Company to Mr. Ogden, contrary to the terms of the Treaty. 

As the matter now stands, we are not likely to have any more plau- 
si))le pretexts for further evading the claim for indemnity. Moreover, 
in view of the unusual urgency with which the English Government 
demands a prompt settlement of the afiair, I take it upon myself to 
ask Your Excellency to consider whether it might not be advisable for 
the Russian-American Company" to enter into friendh^ negotiations 
with the Hudson's Bay Company, looking towards such a settlement. 

May I ask your Excellency to kindly inform me of Y^our opinion in 
regard to the matter, in order that I may report it to His Imperial 
Majesty and draw up the project of a note in reply to that of the 
English Ambassador. 

1 am. Sir, etc., Count Nesselrode. 



Report of the Governor to the General Board of the Russian American 
Company, May 1, 1838 (A^o. 328). 

[Translation.] 

With my permission there has lately been brought on the Brig 
Action from Stichine a Kolosh boy, four ja^ars of age, who was desig- 
nated by the Koloshes for assassination at the funeral services which 
were to be held last January. The Stichine Chief Kuatkhe, however, 
yielding to our advice and Christian desire to prevent as far as possi- 
ble murder which is usually committed by the Koloshes at funeral 
services in honor of their deceased relatives, and acting upon my 
repeated admonitions to the Koloshes whenever they met at my house 
that instead of assassinating their slaves they should trade them off 
and make some other sacrifice of the merchandise they received in 
exchange, he the said Chief Kuatldie, remembering our said advice, 
showed himself the first example, as yet unheard of even among the 
Sitka Koloshes. and in lieu of assassinating his slaves released them, 
among them the above-mentioned boy, and made also other sacrifices 
in lieu of this bloody custom, wherel)v he has clearly demonstrated 
his friendship and respect for the Russians. For such an act, hereto- 
fore unexampled among the Koloshes, I could grant to Chief Kuatkhe 



RUSSIAN OCCUPATION UP TO 18()7. 309 

no other distinction except issuing to him a certiticate (see protocol of 
February 6, of the current year, No. 18) as a token of my gratitude, 
for he had previously lieen granted, in recognition of his devotion to 
the Russians, the silver badge ''Allies of Russia". In my opinion his 
last act deserves some exceptional mark of distinction, and I request 
the general board to obtain the same for him from the Government, 
and also to provide for similar distinctions to be granted to all like 
him who will act in the same manner, wdiereliy this 1)arbarity may be 
forever abolished among them and good results be accomplished. 

The infant Kolosh released by Chief Kuatkhe has been baptized here 
according to the Greek-Russian rite and given the name Michael. I 
have instructed the New Archangel office to place him as a pupil at 
the boarding school located here, to be fed, clothed and taken care of 
by the Company. Perhaps in time this boy may serve as an impor- 
tant connecting link between us and the Koloshes for the gradual intro- 
duction of mild Christian habits among this barbarous people. 



Joui'nal of correspondence^ 1839, JVo. 3. Kept during tht royaye !n the 
Straits and the tour of Inspection to Redo uM St. Dioni/sius, from 
June 6, 1839 to Jane ii3, 1830. ^ • ^ 

[Translatiop.] 

Under date of June 21, 1839: The Russian American Company 
under His Imperial Majesty's most gracious protection Chief Gov- 
ernor of the Russian Colonies in America, Captain of the Naval Guards 
and Knight, Ivan Antonovich Kupreyanoff, 

Certijicate. 

These presents are issued to Chief Tanakhk of the Stachine Kolosh 
with the silver badge '' Russia's, Allies'" granted by me to him in the 
expectation that the said Chief Tanakhk will hereafter prove himself 
as worthy of such attention and distinction shown l)y me to him as he 
has heretofore done, by his attachment to and friendly disposition 
towards the Russians. 

In testimony whereof these presents are issued to him over my sig- 
nature and with my seal atfixed hereto. 
Redoubt 8t. Dionysius, June 21, 1839. 

Ivan Antonovich Kupreyanof 
Chief Governor <f the Rii.s.sian Colonies in America, 
Captain of My Most Gracious Lord His Imperial 
Majesty's Naval G^iards., and Knight. 



Report of the Board of Director's of the Russian American Company., 
December 20, 1839. {Xo. 1596.) 

[Translation. J 

To His Excellency General of Infantry, Member of the Council of 
State, Senator, Minister of Finance and Knight. Count Egor 
Frantzkvioch Kankreen. 

In accordance with Your Excellency's order of the 15th instant, No. 
5283, following the Vice-Chancellor's report with regard to the note 



310 PAPERS EELATING TO 

of Mr. Milbank, the Eng-lish Ambassador, concerning the claim of 
indemnity by the Hudson's Ba}" Company for the non-admission of its 
ship into the Stakine river, the Russian-American Company takes the 
liberty of presenting its opinion, based upon the contents of Mr. Mil- 
bank's last note, dated October ith [6th] last. Without entering- into 
particulars concerning the details which gave rise to the claim of the 
Hudson's Ba}" Company and led to a long correspondence, the Board 
refers to the essence of the claim which consists in the refusal to per- 
mit the English ship to enter the Stakine river. 

The Commanders of the ship and of the fort belonging to the Russian- 
American Company were ordered b}' the Colonial Authorities not to 
permit a foreign ship to sail into the estuar}" strictly observing how- 
ever Article XI of the Treaty, that is to sav, to prohibit any ship from 
entering without using any forcible measures against such ship. Con- 
sequently it is clear, that the prohibition and the act of the non- 
admission of the ship into the river, had to be restricted to a written 
protest only, as any other measure would have been a l)roach of Arti- 
cle XI which Baron Wrangell had assured Mr. Ogden would be sti'ictly 
f ultilled and wdiich he had ordered the Conmiander of the Ship, Zarembo, 
and of the redoubt, Moskovitinov, to fully carry out. The Board of 
Directors admits neither the right nor the occasion to doubt the ful- 
filment of the above-mentioned order of the Colonial Authorities in 
regard of observing Art. XI and the facts of Mr. Ogden's having such 
a dou))t ought not and cannot serve as a proof of the claim of the Hud- 
son's Bay Company, because it is antagonistic to the precise and only 
meaning to be put on the answer given to Mr. Ogden by the Superin- 
tendent of our Colonies. If Mr. Ogden was led into such a ground- 
less fear through his ignorance of the language and the vagueness of 
the negotiations when he met the Russian ship in the estuary of the 
Stakine, it ought to have been dispelled when Baron Wrangell declared 
to him by letter that Article XI would not be violated. 

Our Colonial Authorities supposed they had well-grounded reasons 
for not allowing the ship to enter into the Stakine, — causes W'hich 
Baron AVrangell pointed out in his declaration to Mr. Ogden, dated 
September 19th. These could have been disregarded by Mr. Ogden 
and he could have acted according to his own opinion as to what was 
his right, being certain that Article XI would not be transgressed. 

Although the misapprehension of Baron Wrangell concerning the 
extent of the right granted to the English for free navigation, is not 
acknowledged by our Government to be justified, this misapprehension 
and the subsequent written prohiljition, unaccompanied by the least 
shadow of violence towards the English, would not have caused them 
any other loss than perhaps that which might arise through the loss of 
Mr. Ogden's time, which would have passed in awaiting Baron Wran- 
gell's clear and precise answer, dated September lyth and related to 
the consequences Mr. Ogden might have expected if he had entered 
the Stakine by order of his superiors. In this case no violence would 
be used against him. 

In proof of the Russian-American Company's sincere wish to extin- 
guish the claim of the Hudson's Bay Company, the Board of Directors 
is ready to enter into a friendly agreement on the afore-mentioned 
basis, namely: it is ready to make up for the losses sutiered bv the 
Comj)!iny through keeping the crew of the brig Dri/add^om. the date 
of the brig's entering the estuary of the Stakine until September 19th, 
when ]\Ir. Ogden received an explanation from the General Manager 



EUSSIAN OCCUPATIO]^ UP TO 1867. 311 

of the Colonies, .signed by him and assuring the English chief, that 
the prohibition being merely a written protest, he might act accord- 
ing to his own judgement without hinderance or fear of force. It 
would be a great injustice to claim that the Russian-American Com- 
pany should indeuuiify the Hudson's Bay Company for au}^ losses 
suffered by Mr. Ogden because he did not enjoy the rights that were 
assured to him after he had ))een promised that the XI Article of the 
Treaty would l)e strictly observed. " 

The Board of Directors of the Russian- American Company, taking 
the liberty of presenting its opinion, leaves the matter to the decision 
of Your Excellency and l)egs you, Sir, to protect the Russian-Ameri- 
can Compan}' from such unjust as well as l^urdensbme claims. 

We have the honor of returning herewith the note of the English 
Ambassador to the Hudson's Bay Company. 

The Board of Directors of the Russian-American Company considers 
it its duty to further report as follows: 

Wishing to renew our friendly relations with the Hudson's Bay Com- 
pany and come to an agreement in regard to our respective interests 
and avoid unpleasant collisions in the future. Rear- Admiral Baron 
Wrangell, a Member of the Board of Directors entered into corre- 
spondence with the Directors of the Hudson's Bay Company. This 
correspondence is, as yet quite unofficial and is principally for the pur- 
pose of preparing and facilitating the official negotiations through 
preliminary personal explanations. From this correspondence it is 
evident that the Hudson's Bay Company would consent to lease a part 
of our dominions, adjacent to their frontiers north and south from the 
Stakine river for a yearly rental to be paid in a tixed quantity of furs 
and for a definite term, say 20 years. 

The Board of Directors thinks that, in order to avoid misunder- 
standings, it would be useful to grant to the Hudson's Ba}' Company 
the exclusive right of trading on the coast of the continent between 
latitude 54^ -iO' and the estuarv of the Cross Strait, for a yearly pay- 
ment in furs, in such quantity as to assure the Russian-American Com- 
pany against any loss from the arrangement. The Hudson's Bay 
Company would hav'e the advantage of ridding itself of a dangerous 
rival in its fur trade with the natives. Moreover the Hudson's Baj^ 
Company proposes to supply the Colonies at moderate rates with a 
full yearly supply of goods and provisions. In order to settle this 
question it is the intention of the Hudson's Bay Company to send a 
member of the Company to Berlin or Hamburg, in the middle of Jan- 
uary, to there meet a delegate of the Russian-American Compan}^ and 
detinitely sign the treaty. 

The Board of Directors thinks that in this manner the question in 
dispute would be satisfactorih^ solved for both parties. But suppos- 
ing that they have no right to enter into official negotiations and to 
conclude a treaty without a special permission, the Board of Directors 
begs that this permission may he granted if it be found convenient to 
do so. 

Ivan Pkokofief. 

NiKOLAY KUSOF. 

Andrew Severin. 

Directors. 

"The present claim of the Hudson's Bay Company would be justified only if the 
English expedition had suffered through violence or if it had been declared that 
forcible measures would be used against it. 



312 PAPERS RELATING TO 

Count Nesselrode to Count Karikreen^ January ^, 1839. 

[Translation.] 

Sir: Your Excellency was pleased to inform me on December 30, 
No. 5823, of the readiness of the Board of Directors of the Russian- 
American Company to enter into a friendly agreement with the Hud- 
son's Bay Company, in regard to the indemnity claimed by the latter 
for refusing admission of a ship belonging to her into the Stakine 
River. 

Moreover Your Excellencv asked my opinion in regard to the pro- 
posal of the Board to lease to the Hudson's Ba}" Company for a iixed 
term that part of our dominions, adjacent to the English frontiers 
north and south of the Stakine river. 

To this 1 have the honor to reply, that from a political point of view 
the wish to establish friendly relations with the Hudson's Bay Com- 
pany through the lease of the above-mentioned territoiy, is in my 
opinion, worthy of the fullest consideration. In attaining this end 
we should gain the advantage of doing away with all rivalry in the fur 
trade and of putting an end to the frequent occasions of friction with 
the English and with the citizens of the United States of America 
which have alread}" often led to unpleasant correspondence with those 
Governments. 

This agreement would be especially desirable because it would enable 
us to avoid all further explanations with the Government of the United 
States as to its ceaseless demands, disadvantageous to our interests, 
for the renewal of Article IV of the Treaty of 1824, which granted to 
American ships the right of free navigation for ten 3'ears in all the 
seas and straits, adjacent to our dominions on the northwestern coast 
of America. 

Seeing that this affair in itself, as well as on account of the particu- 
lar circumstances connected with it admits no delay, I hasted to inform 
Your Excellency of my opinion in regard to it, in order that Your 
Excellency may issue the orders necessar}^ to carry it into effect. 
I am. Sir, etc., 

(Signed) Count Nesselrode. 

St. Petersburg, January -4, 1839. 



Report of Governor of Russian Colonies in America to the Board of 
Directors of the Russicm American Company., April W, 1839 {JS^o. 
139). 

[Translation.] 

During last year's stay of the brig Chichi (jof at Chilkat, for 
trading purposes with the Kolosh, according to my instruction, the 
Assistant Commander of the vessel pilot Lindenberg made a survey of 
the mouth of the river Chilcat. 1 have the honor of forwarding to 
the Board of Directors the map of this survey and the original journal 
kept by Lindcnl)erg. as well as the promised partial map of the terri- 
tory occupied by us in the vicinity of the Bay of Bodega, now called 
Kldebnikof Plains (new Ranch) and Chernykh Plains. I deem it not 
superfluous for the Board of Directors to possess this map for greater 
clearness with regard to this locality. 



RUSSIAN OCCUPATION UP TO 18(57. 313 

I also enclose a copy of the report of ^nd. Lieut. Oilotf, of the Corps 
of Pilots to nie of July 15, 1S88, with regard to the inaccuracy found 
by him in the position of the island Chirikotan, the true latitude of 
which is determined at present by Mr. Orlotf as 48-^ 59' 36" 2 N. and 
longitude 206^ 28' 18" W. of Greenwich, according- to the bearing off 
the island of Rawkock (!*). 

I deem it my duty to inform the Board of Directors that last winter 
partial maps of the Kolosh Straits situated within the Russian Ameri- 
can frontiers were made here by my order of all localities which were 
completed at different times with regard to the already existing' maps 
of Captain Vancouver, by the commanders of the vessels of the Rus- 
sian American Company cruising- there, especially Lieut. Captain 
Zarerabo, to whose assistance I am greatly indebted during' the execu- 
tion of the above mission. 1 am not yet sending these maps to the 
Board of Directors, l)ut they will be sent next year, as I hope to ren- 
der them still more complete during this summer. 



THE DRYAD AFFAIE. 

Extract from Til-Junenl&f^s Historical Review of tht Russian -American 
Company^ etc. , Part /, i^p. ^6Ji--270. 

[Translation,] 

In 1833, the Governor of the settlements of the Hudson Bay Com- 
pany proposed to Baron Wrangel. the Chief JVlanager of the Russian 
Colonies, to establish a general trade in furs, in order, Iw this means, 
to prevent all competition on the part of the United States. Without 
positively declining the proposal of the Hudson Bay Company, Baron 
Wrangel instructed Captain-Lieutenant Atolin, who had been sent by 
him to the Kolosh Straits in the Brig Tc/iicha(/off-\ to acquiesce in the 
operations of the English in their trading relations with the natives, 
but, at the same time, in other respects, to act entirely independently, 
and. among other things, to give the English to understand that the 
Russian-American Company would positively insist upon the strict 
observance of the terms of the Convention, and upon the rights which 
it had acquired, in accordance with which English vessels were not 
allowed to trade in the straits which were within the boundaries of the 
Russian possessions. Mr. Atolin, while examining the coast from 
Kaigan Strait to the Stachin River, studied with great care the advan- 
tages which the Company might derive from this region, and made 
acquaintance and established trade with the natives. In the meantime, 
news came to Baron Wrangel that soon after Mr. Atolin's visit, the 
English had come in boats, by the straits, to the mouth of the Stachin 
River, and after making a close examination of it, and taking sound- 
ings, had explored the river for some distance up its course. In addi- 
tion to this, they had told the natives that they intended to establish a 
settlement higher up the ri\'er, which would trade with them, and would 
buy their furs and provisions at considerably^ higher prices than those 
paid by the Russians. These reports were the more credible in that an 
English settlement on the upper part of the river might stop the pas- 
sage of the river otters to the sea-coast, down the Stachin, that is to say, 
within the Russian territor\", from the English possessions, and, con- 



314 PAPEKS KELATING TO 

sequently, would secure to the Eng-lish advantages for the fur trade 
in their territorv. Foreseeing- the injury which would inevital)ly result 
to the Russian- American Company from the establishment by the 
English of a settlement on the Stachin River, together with full libert}^ 
to enter and leave the river, and to navigate the straits in our terri- 
tory, (Art. 6 of the Convention of 1825), and relying upon that point 
in the Convention by which the right of English vessels to touch or stay 
at places where there are Russian settlements, except with the consent 
of the Governor of the settlement, was abandoned (Art. 2 of the Con- 
vention), the Chief Manager of the Colonies resolved to construct 
without the least delay a fort at the verj^ mouth of the Stachin River. 
For this purpose, he sent, in 1831, two vessels, the brig Tehlchagoff 
and the schooner Chill-at^ and gave orders to Lieutenant Dionysius 
Zarembo, the commander of the former, not to permit the English to 
remain or come within our territor}^, but not to infringe the remaining 
provisions of the Convention. 

For these reasons, the fort was built in Lat. 56"^ 40' N. and Long. 
132^ 10' E. from Greenwich, and was named Fort Dionysius. In 
order to carry on an uninterrupted trade in these regions, it was nec- 
essary, in addition to the fort on the Stachin River, to construct some 
fortifications northward to Chilkat Strait, named b}" Vancouvei' Lynn 
Channel. Only then would the advantages of this trade be secured, 
b}^ the mutual assistance of these forts, in all respects and under all 
circumstances. The English, fearing the commercial superiority of 
the Russians in the districts coterminous with our territorv, endeav- 
ored by every means to injure our trade and to arm the natives against 
us. They sent persons acquainted with the native language, to induce 
the natives to rise against the Russians, gave them arms, in a word 
employed every means to attain their ends. The efforts of the English 
were not unsuccessful. The hostile feelings of the savages were not 
long in displaving themselves, and their intentions to destroy the fort, 
were hardly concealed. Baron Wrangel ordered Lieutenant Zarembo 
to remain there with the brig until the arrival of another vessel to relieve 
him— and, through the exertions of Lieut. Zarembo, the attempts of 
the savages were defeated. 

Subsequently, the English vessel Dryad arrived at the mouth of the 
Stachin River, in command of Ogden, an agent of the Hudson Bay 
Company, with men, cattle, merchandise, and other supplies, for the 
pur})ose of founding the settlement above referred to. The Russian 
redoubt barred, so to speak, the entrance of the English into the river. 
Mr. Ogden could not elude it. In order not to remain in front of the 
fort, and even then, with the help of his l)oats, it was necessary for 
him to go from there with his vessel and supplies, up the river. He 
then requested Mr. Zarembo's permission to do so, but this permission 
was finally refused. It must be remarked here that this refusal was 
confined to a written comnuinication in which, among other things, it 
was stated that the 11th article of the Convention would be strictly 
observed, that is to sav, that no violence would be employed on the 
part of the Russians, if Ogden persisted. Ogden, however, did not 
decide to enter the river, although, under the terms of the Convention, 
he had the full right to do so. He })roceeded to Novo-Archangelsk to 
confer with Baron Wrangel, l)ut, as he was likewise unsuccessful there 
in his solicitations, he notified the Directors of the Hudson Bay Com- 
pany of the alleged violation of the Convention on the part of the 
Russian Colonial Government. That Company then, through its Gov- 



RUSSIAN OCCUPATION UP TO 1867. 315 

ernment, demanded an indemnity for the losses which it had sustained, 
as it asserted, on this occasion, to the amount of 21,5<)0 pounds sterling. 

Our Ministry of Foreign Affairs, arguing from the strict meaning 
of the Convention, was compelled, to admit that the Colonial Govern- 
ment was guilty, if not of an actual violation of the terms of the Treat}" 
with the English, at all events, of some ambiguity in the notitication 
given b}" the commander of the Russian vessel and the commander of 
the fort; and it saw no other course left than to comply with the 
English demands. 

This matter was in this state when Baron Wrangel, who had returned 
to St. Petersburg from the Colonies, undertook to settle it, provided 
Mr. Simpson, one of the Directors of the Hudson Bay Company, were 
appointed a plenipotentiary on the part of England. The result of the 
negotiations, w^hich took place at Hamburg in 1837, with the Emperor's 
permission, justified Baron Wrangel's expectations, which were based 
upon the belief that Mr. Simpson would be Avilling, for many reasons, 
to any agreement, rather than that there should be a rupture of the 
friendly relations between the Companies. He labored in person for 
many years in the territories of the Hudson Bay Company; he well 
knew how great an advantage the Russian-American Company pos- 
sessed over the English in the regions in dispute; and consequently he 
could not help fearing to give the Russians cause to act, in their turn, 
to the injury of his own countrymen. 

By the provisions of the Agreement concluded, the Russian-Ameri- 
can Company, leased to the Hudson Bay Company, for the term of 
ten years, a strip of land in the Russian territory, 10 [Russian] miles 
in width, north and south of the Stachiu River, that is to say, that 
part of the sea-coast from lat. 54P 40' northwesterly, to a line drawn 
from Cape Spencer, on Cross Bay, to Mount Fairweather. The pos- 
session of this strip afforded the English this special advantage, inde- 
pendently of the prevention of any collisions and competition with the 
Russians, that it enabled the Hudson Bay Company to establish a uni- 
form price for the furs which it obtained in ])arter from the natives, 
and thus greatly facilitated the supervision of its Colonial Government 
over the numerous posts under its jurisdiction. 

[The author, after giving the general provisions of the agreement of 
lease, continues:] 

This agreement received the Emperor's assent; and, at the time 
fixed, Fort Dionysius, together with the leased strip of land in the 
territory described, was turned over to the English. 

Taking into consideration the fact, in the first place that, b_. means 
of this Agreement, the Company was spared the annual expense of the 
maintenance of F^rt St. Dionysius and of the men serving in it, esti- 
mated to amount to 12,000 silver rul^les; and, in the second place, that 
all occasion for hostile collisions between the agents of the Russian 
and the English companies, for mutual claims and rivalries, which are 
so dangerous in those remote regions, was removed; and, lastly, that, 
by this means, all ground for a renewal of the requests on the part of 
the Government of the United States for a continuance of the privilege 
granted to American vessels, of the right of free navigation in the 
seas and narrow waters (or straits) of our possessions, which right was 
incompatible with the interests of the colonies (Art. IV of the Treaty 
of 1824), was removed — it must be admitted that the lease of the strip 
of Russian territory to the Hudson Bay Company, on the ab.-ve men- 
tioned terms, was ver^' advantageous to the Russian- American Company. 



316 



PAPERS RELATING TO 



CENSUS OF INDIANS OF THE TRIBE KNOWN AS KOLOSHES, IN KNOWN 
SETTLEMENTS WITHIN THE LIMITS OF THE RUSSIAN POSSESSIONS. 

Extract from Tll'Jiinenief, Part II J)P- -^'fi-Skl. 

[Translation.] 

'"The most important of the native tribes that inhabit the north- 
western shore and main hind of America, within the limits of the Rus- 
sian possessions, must be called the tribe of the Koloshes, which occupied 
properly the space between the Straits of Vancouver and Chugatski 
Bay [Prince William Sound]. * * * The precise number of the 
Koloshes is not known. Some suppose that, including the most 
distant Koloshes, it amounts to 40,000. Others, amono- them Ven- 
iaminof, calculate that there are only 25,000. For our part, we 
present the number of Koloshes in known settlements, borrowed by 
us from the memorandum-' (zapisck) of M. Verman:" 



In the Sitka settlements (near Novaarkangelsk) 

Kutsnofski 

Chilkatski 

Kekofski 

Taknski 

Gennfski 

Tangaski 

Icy Strait 

Harbor of Asanki 

Stakhine Settlement (near river of the same name) 

Kaiganski Settlement (southern side of Prince of Wales Island).. 

Settlement on Ltna Bay 

Yakutat Settlement 

Total 



Men. Women. 



715 
280 
728 
210 
335 
195 
154 
1.54 
56 
308 
280 
2(;5 
163 



3,974 



535 
280 
728 
210 
337 
197 
154 
154 
56 
308 
280 
267 
168 



3,700 



Kalgof.a 



Men. Women. 



ft 41 



44 
20 
80 
12 
20 

9 
12 
10 

S 
40 
99 
29 
24 



" Slaves. 



b Should be 417. Error in original. 



RUSSIAN AUTHORITY EXERCISED OVER THE INDIANS IN THE STAKHINE 

REGION. 

Extract from TiJihrneriief Part 11^ p. ^11. 



[Translation.] 

In order to maintain more perfect peace among the independent 
natives in the neighborhood of the Russian colony, and to acquire foi" 
the Company as much influence over them as possible, there was 
created, and confirmed by Imperial authority December 6 1842, the 
position of Chief Toyon [Toen] of the Koloshes. The duties of this 
position were imposed, by nomination of the Chief Administration of 
the Company, upon a baptized Kolosh named Michael Kukhkan, who 
was connected by blood relationship w'ith the most respected members 
of the tribe. 

A similar appointment of a Chief Toyon in the Stakhine [region] to 
till the phice of one who had retired, and its conlirmation b}^ the Colo- 
nial Administration, followed in 1862 — last 3^ear. 

« Captain-Lieutenant F. K. Verman Commanding the Shiji.s of tlie Colonial Flo- 
tilla. (Part 2, p. 284, foot-note.) 



RUSSIAN OCCUPATION UP TO 1867. 317 

I^rom Report of the Chief Director of the Colony^ Novemher 15^ 1862, 
Til-hinenief Part II, pp. 210-11. 

In the 3'ear 1846, the Dionisius Redoubt, left at the disposal of the 
English l\y the terms of the lease of the sea-coast strip of the Russian 
possessions, was besieged by the natives, who cut off all communica- 
tions with it. The mere appearance in those waters of a steamer [of 
the Russian American Company] in compliance with a request for help 
from the connnander of the fort, and the persuasion of envoys from 
our Compan}", were enough to bring the Koloshes to reason and put 
an end to a quarrel which, as the English themselves admitted, would 
probably have ended in the complete destruction of the fort. In like 
manner, no longer ago than 1862, one of the naval officers in the serv- 
ice of the Company, who, by order of the Chief Director of the Com- 
pan}", had been sent to the mouth of the Stakhine, was obliged to take 
measures to suppress disorders, which, notwithstanding the presence 
of an English war-steamer, had arisen between the natives and the 
English who were going to the gold placers discovered in the terri- 
tories of the Hudson Ba}' Company. He [this naval officer] succeeded 
in getting a promise from the principal Stakhine toyon, and other 
elders, that order should be restored immediately. 



3Ir. Clay to Mr. Seward. 

No. 163.] Legation of the United States, 

St. Petershurg ., Noverriher 21., 1867. 
Sir: I herein transmit to you a memorandum descriptive of the 
Russian imperial sj^stem of Russian America, (portage,) division of 
property, &c., marked A A. 

I am, sir, your obedient servant, 

C. M. Clay. 
Hon. William H. Seward, 

Secretary of State. 



TRANSLATION OF THE RUSSIAN MEMORANDUM MARKED A A. 

BY S. X. BUYNITZKY. 

E.vplatiatonj memorandum in ansiver to the communication of the ministry of foreign 
affairs, department of interior relations, dated August 31, 1867, No. 5,790, pursuant to 
the communication addressed by Hon. W. H. Seivard, tSecretary of State, August 6 \_20'], 
1867, to St. Petersburg, to the American envoy near the imperial court. 

To the question concerning the system of division and measurement of landed 
property which was adopted by the imperial government in the late Russian Ameri- 
can possessions: 

The question, as stated by the government of the United States of America, has to 
be Holved in two relations: first, in relation to the natives who occupied of yore the 
lands which composed the Russian American colonies; and, second, in relation to 
the colonists who had settled in that country after it had been included into the limits 
of Russian empire. 

Adxerimg ^T'tii to ih.Q natives or aborigines, we may divide them into two groups: 
the islanders and the inhabitants of the American continent. 

******* 



318 PAPEES RELATING TO 

Now, going over to the inhabitants of the American continent, we meet with phe- 
nomena completely different. Settlements nearest to the coast have many common 
features with the islanders, as well in respect of settled life as in respect of means of 
existence and trade; bnt, the deeper we advance into the continent of America, the 
more varies the character of the natives. The inhabitants of the coast, like those of 
the Aleutian islands, distinguish themselves by submissiveness, good-nature, and 
visible marks of social instinct; such are tlie Kenai/ans, the Tshuyaces, Kooskokvimians, 
and the Aglegonutes; nearly all of them are Christians; they are of a rather gentle 
disposition, and lived in good understanding and constant intercourse witli the 
Russians, so that the Russian American Company, in order to entertain friendly rela- 
tions, and to induce the natives to carry on fur trade, yearly provided, upon the 
Kenayan coast, a supply of about ten thousand youkola, or dried tish. On the con- 
trary, the further from the coast, the more rough and independent the character of 
the savages; every symptom not onh' of social, but even of settled life, disappears 
because these natives, having no other occupation but hunting, migrate in the track 
of game from one part to another, establishing but provisional settlements for winter 
season; to this class of savages must be numbered tlie Caloshes, tlie " Toondras," the 
Coltshans, the Magmutes, the Agoolmntea or Koossilvakians, the Aziagmutes, the Malemutes, 
the A}ighelics, the Kooi/oukonianfi, and tlie Mednoretzesi, and, generally, the tribes inhab- 
iting the islands of the Caloshian archiiaelago, the banks along Stakhin river mouth; 
along the rivers Kvikhpack, Kooskokvim, Kooyoucan, Shikhtalick and their tribu- 
taries, and the shore below and above the Straits of Behring. Most of these tribes 
live in primeval forests of such thickness that the only ways of connnunication are 
rivers, along the streams of which they travel in their "baydaras" (boats) during 
summer season, to trade, partly with neighboring savages, and partly with Russ'an 
redoubts and "odinotshkas," situated along the sea-coast, and at the mouth of 
Kvikhpack and Kooskokvim rivers. During winter these people accomplish their 
travels with " nartas" (sleighs) drawn by dogs, and reach as far as the grounds of 
the Tshuktches of Siberia, crossing upon ice the Strait of Behring. All these tribes 
are supplied with tire-arms and spirits, of which they are, like all savages, very 
fond — in part from English possessions, and in part by foreign transient ships. The 
Russian American Company hardly ever penetrated into the interior of the conti- 
nent, and, owing to the wild character of its inhabitants, never established there any 
settlements; only for trading j^urposes, small factories, called redoubts and "odi- 
notshkas," were established along the coast, preferably, near the bays and the mouths 
of large rivers. These factories generally consist of a roofed yard of moderate size, 
in which live the clerk of the company, with a few workmen out of the pacified 
natives, and where is stored a small supply of dried fish and some manufactured 
goods, wanted for the use of savages. Such is, in general features, the character of 
the Russian American continent. 



VISIT OF SIR GEORGE SIMPSON TO RUSSIAN AMERICA. 

Extract from Harratwe of a Jourjiey Round the World ditrtng the 
years ISlf.! and 181^2 hy Sir George Simpson^ London 18Jf7^ Vol. I. 

[Page 209.] Next day, we passed through the Canal de Reveilla 
and Clarence Straits, respectively about thirty and tifty-four miles 
long". On the morning thereafter, having halted all night, on account 
of the narrowness of the channel, we passed through Stikine Straits 
into the little harbour of Fort Stikine, where, about eight o'clock, we 
were welcomed on shore by Mr. McLoughlin, junior. This establish- 
ment, originally founded b}'^ the Russian America Company, had been 
recently transferred to us on a lease of ten years, together with the 
right of hunting and trading in the continental territories of the asso- 
ciation in question, as far up as Cross Sound. Russia, as the reader 
is, of course, aware, possesses on the mainland, between lat. 54°, 40', 
and lat. 60°, only a strip, never exceeding thirty miles in depth; and 
this strip, in the absence of such an arrangement as has just been men- 
tioned, renders the interior comparativel}" useless to England. 

[Page 214.] "At two in the afternoon we reached Taco, an estab- 



RUSSIAN OCCUPATION UP TO 1867. 319 

lishment conducted by Dr. Kennedy, with an assistant and twenty-two 
men. Here the little harl)our is ahiiost land-locked by mountains, 
being- partially exposed only to the south-east. One of the hills, near 
the fort, terminates in the form of a canoe, which serves as a barom- 
eter. A shroud of fog indicates rain; but the clear vision of the 
canoe itself is a sign of fair weather. 

The fort, though it was onl}^ a year old, was yet very complete 
with good houses, lofty pickets, and strong bastions. The establish- 
ment was maintained chiefly on the flesh of the chevreuil, which is 
very fat, and has an excellent flavour. Some of these deer weigh as 
much as a hundred and tifty pounds each; and they are so numerous, 
that Taco has this year sent to market twelve hundred of their skins, 
being the handsome average of a deer a week for every inmate of the 
place. But extravagance in the eating of venison is here a very lucra- 
tive business, for the hide, after paying freight and charges, yields 
in London a protit on the prime cost of the wdiolo animal. 

Seven tribes, three of them living on islands, and four on the main- 
land, visit Taco. They nuister about four thousand souls; and they 
are subdivisions of the Thlinkitts, speaking dialects of the language 
of that nation. These Indians were delighted to have us settled among' 
them; and on this ground they viewed with much jealousy the visits 
of more distant savages, to whom the}^ were desirous of acting as mid- 
dlemen. As our interest and feeling in the matter were altogether 
difl'erent, this jealousy of theirs had sometimes occasioned misunder- 
standings between them and our people. On one occasion. Dr. Ken- 
nedy's assistant, having chased out of the fort a savage who had struck 
him, was immediately made prisoner; while the Doctor himself, who 
ran to his aid, shared a similar fate. Several shots were flred from 
the bastions, though without doing, and prol)ably without intending 
to do, any mischief. And this was fortunate: for though Taco, with 
a running stream within its walls,, was less at the mercy of the natives 
than Stikine, yet its people, in the event of any loss of life on the part 
of the savages, might have sufl'ered severely from the workings of 
treacherous revenge. At length, the affair was amica])ly settled by 
ransoming the two captives with four blankets. Still, notwithstand- 
ing these little outbreaks, Kakeskie, chief of the home guards, had 
been a good friend to the trade; and accordingly, though he was ab- 
sent, 3"et I ordered that a present should be made him, in my name, 
on his return. 

******* 

After being detained at Taco from Wednesday afternoon to Satur- 
day" morning, b}^ an interrupted storm of high wind and heavy rain, 
we started at daybreak, with about tifteen miles more of Stephen's 
Passage before us. Having accomplished this distance, we crossed 
the entrance of the Gulf of Taco, so called from its receiving the river 
of the same name. This stream, according to Mr. Douglas, who had 
ascended it for about thirty-tive miles, pursued a serpentine course 
between stupendous mountains, which, with the exception of a few 
points of alluvial soil, rose abruptly from the water's edge with an 
uninviting surface of snow and ice. In spite of the rapidity of the 
current, the savages of the coast proceed about a hundred miles in 
canoes; and thence they trudge away on foot the same distance to an 
inland mart, where they drive a profitable business, as, middlemen, 
with the neighbouring tribes. Besides facilitating this traffic, one 



320 PAPERS RELATING TO 

of the best guarantees of peace, the establishment of our fort had done 
much to exthig'uish a branch of commerce of a very different tendenc}'. 
Though some of the skins previously found their way from this neigh- 
borhood to Sitka and Stikine, yet most of them used to be devoted to 
the purchasing of slaves from the Indians of Kvgarnie and Hood's 
Bay. 

DISCOVERY AND EXPLORATION OF THE STIKINE. 

Extract from report of an exjjloratlon. in the Yukon district^ due. ^ hy 
George M. Dawson.^ D. S. E. G. S. {In geological and natural his- 
tory survey of Canada, annual report^ Vol. Ill, Part /, 18S7~SS, 
2Mge 61 B.) 

Though the position of the Stikine is indicated on 
riven'^ "'^'^'^^ "^'^^*^ Vancouver's charts by the open channels of the river, 

and the shoals about its estuary are mapped, the exist- 
ence of a large river was not recognized h\ that navigator, who visited 
this part of the coast in 1793. According to Mr. W. H. Dall, the 
river was tirst found by the fur traders. "The sloop Dragon, Captain 
Cleveland, visited the Stikine delta in April, 1799, and in the journal 
of the sloop Eliza, Captain Rowan, for the same year, we tind the 
locality alluded to as 'Stikin.'"' It was, no dou))t, visited as well by 
man}^ of the trading vessels which about this time frequented the coast. 

In l<S3-i: the Hudson Ba}^ Companv fitted out a vessel 
thf nSna? ca named the Dryad for the purpose of establishing a 

post and colon}" at the mouth of the Stikine, but the 
Russians being apprised of this circumstance sent two small armed 
vessels to the spot, and constructed a defensive work which the}^ named 
Fort Dionysius, on the site of the present town of Wrangell. Finding 
themselves thus forestalled, the Company retired. This dispute was 
compromised in 1837, when an arrangement was made by which the 
Company leased for a term of j^ears all that part of the Russian terri- 
tory which now constitutes the "coast strip" of Alaska, and the " fort" 
was handed over to the Company, the British flag being hoisted under 
a saUite of seven guns in June. 1840. In the same year, the post, 
which had been renamed Fort Stikine by Sir James Douglas, was 
attacked by the Indians, and in the following year a still more serious 
attack was threatened, and averted only by the timely arrival of Sir 
George Simpson, as recorded in his "Narrative of a Journey Round 
the World'' (II, p. 181). In 1847, the coast Indians (Thlinkit) are 
stated to have attacked and taken possession of the fort. In the spring 
of 1840, the Hudson Bay Company esta])lished also a second fort on 
this part of the coast which was named Fort Durham. This fort was 
situated at a place named by the late Sir James Douglas, "Localit}" 
Inlet." about thirty miles southward from the mouth of Taku Rivgr 
and near the entrance of the Inlet of the same name, in sight of Doug- 
las Island. It was abandoned in the spring of 1843, and is sometimes 
referred to as Taku Fort. 

Previous to this time, in 1834. Mr. J. McLeod, had 
parfoFlh-cr* "'^'^'^'^ in the interest of the Hudson Bay Company, reached 

the banks of the upper part of the Stikine, near Dease 
Lake, coming o^'erland from the Mackenzie River. Subsequently, Mr. 
R. Cam])hell spent the winter of 1838-39 on Dease Lake, but estab- 
ished no fort on the Stikine. 



RUSSIAN OCCUPATION UP TO 1S()7. 321 

No further events of importance appear to have 
Discovery of gold. occuiTed in Connection Avith the river till, in 1861, two 
miners named Choquette (*' Buck") and Carpenter, dis- 
covered placer gold on its bars. In the folio wing- spring-, some excite- 
ment being- created by the announcement of this discoverv, several 
prospecting- parties were fitted out in Victoria, and a number of men 
passed the summer in mining- on the river. In 1863, the Russian 
authorities, hearing of the discovery of gold, despatched the corvette 
Rynda to ascertain whether the mining was being carried on in Rus- 
sian territory, A boat party from this vessel, under Lieutenant Perel- 
eshin, ascended the river to a point a few miles above the Little Canon, 
occupying May 23rd to June 1st on the expedition. Mr. W. P. Blake 
accompanied this party, and in addition to the sketch-map published 
by the Russians, his report on the Stikine, previously alluded to, is 
based on it.-' 



THE DRYAD AFFAIR. 

Extracts from Alaska and itx Besoarces, hy William H. DaU., Boston^ 

1870. 

1831. The Russian government, under the fourth article of the 
convention of 1821, withdrew the privilege of free navigation of their 
waters from American traders. This course was prompted by the 
sale of lire-arms and spirits to the natives by unscrupulous traders. 
The American Minister protested against the action of Russia, but 
without effect. The convention with Great Britain would terminate 
the following year. The insatiable Hudson Bay Company, ever ready 
to extend their trathc by force, or fraud if necessarv, conceived the 
audacious idea of estaljlishing a fort on the Russian territory before 
the term expired. They fitted out the vessel Dryad with colonists, 
cattle, and arms, and despatched her to the mouth of the Stikine 
River. 

Baron Wrangell was informed of the project, and despatched Lieu- 
tenant Dionysius Zaremba,. in the armed In'ig Chichniioff with the 
schooner CJilll'aht., who built Fort Dion3'sius on a small harbor near 
the mouth of the Stikine, and thus checked the encroachments of the 
English, who were not sufi'ered to land. The latter were ver^^ indig- 
nant, and declared that £'20,000 had been spent in fitting out and 
loading the vessel, which was, no dou>)t, a gross exaggeration. 
Remonstrances were useless, and they were ol)liged to return to Fort 
Vancouver on the Columbia River, where they had been titted out. 
This matter w^as immediately brought before the English government, 
who demanded satisfaction, through their agents, for an alleged 
infraction of the treaty of 1825. 

ARTICLE FROM THE BRITISH COLONIST, VICTORIA, B. C. 

Brom Archiv filr Wlsseiischaftliche Kundewjn Russkmd, hi/ A. Eraum., 
1863, Vol. XXII, p. ^7. 

[Printed in Fur Seal Arbitration, (Congressional edition) vol. IV., 
British Case, Appendix Vol. I, p. 287.] 

The information which we dail}^ publish from the Stakine River very 

« For Blake's Report see House Ex. Doc. No. 177, Part 2, Fortieth Congress, 2d 
session. 

21528—03 28 



322 PAPERS RELATING TO 

naturally excites public attention to a great extent. Whether the 
territory through which the river flows be considered in a political, 
conunercial. or industrial light, there is a proba))ility that in a short 
time there will be a still more general interest in the claim. Not only 
will the intervention of the Royal jurisdiction be demanded in order to 
give to it a complete form of government, but if the land proves to l)e 
as rich as there is now reason to believe it to be. it is not improbal)le 
that it will result in negotiations between England and Russia for the 
transfer of the sea-coast to the British Crown. It certainly is not 
acceptable that a stream like the Stakine, which for 170 to 11»0 miles is 
navigable for steamers, which waters a territory so rich in gold that 
it will allure thousands of men — certainly it is not desirable that the 
business of such a highway should reach the interior through a Rus- 
sian door of 30 miles of coast. The English population which occupies 
the interior cannot be so easil}' managed l)v the Russians as the Stakine 
Indians of the coast manage the Indians of the interior. Our business 
must be in British hands. Our resources, our energies, our under- 
takings cannot be fully developed in building up a Russian emporium 
at the mouth of the Stakine. We must have for our productions a 
depot over which the British flag waA^es. By the Treaty of 18:25 .the 
navigation of the river is secured to us. The navigation of the Mis- 
sissippi was also open to the United States before the Louisiana purchase, 
but the growing strength of the North made the attainment of that ter- 
ritory either by purchase or by might an evident necessity. We look 
vipon the sea-coast of the Stakine-land in the same light. The strip of 
land which stretches along from Portland Canal to Blount St. Elias, 
with a breadth of 30 miles, and which according to the Treaty of 1825 
forms a pai:t of Russian America, must eventually hecovie the property 
of Great Britain, either as the direct result of the development of gold, 
or for reasons which are now yet in the beginning, but whose results 
are certain. For it is clearly undesirable that the strip 30(i miles long 
and 30 miles wide, which is only used by the Russians for the collec- 
tion of furs and walrus teeth, shall for ever control the entrance to our 
very extensive northern territory. It is a principle of England to 
acquire territory only as a point of defence. Canada. Nova Scotia, 
Malta, the Cape of Good Hope, and the great part of our Indian pos- 
sessions were all acquired as defensive points. In Africa, India, and 
China the same rule is to-day followed by the Government. With a 
Power like Russia it would perhaps be more difficult to get ready, but 
if we need the sea-coast to help us in our business in the precious metals 
with the interior and for defence, then we must have it. The United 
States needed Florida and Louisiana, and they took them. We need 
the shore of New Norfolk and New Cornwall. 

It is just as nuich the destiny of our Anglo-Norman race to possess 
the whole of Russian America, however wild and inhospitable it may 
be, as it has been the destin}' of the Rusian Northmen to prevail over 
Northern Europe and Asia. As the ^^'andering Jew and his phantom 
in the tale of Eugene Sue, so will the Anglo Norman and the Russian 
yet look upon each other from the opposite side of Behring Straits. 
Between the tw^o races the northern half of the Old and New World 
must be divided. America must l)e ours. 

The present development of the precious metals in our hyper])orean 
Eldorado will most pro))ably hasten the annexation of the territory in 
question. It can hardly ))e doubted that the gold region of the Stakine 



RUSSIAN OCCUPATION UP TO 1867. 323 

extends away to the western source of the ]\Iackenzie. In this case 
the increase of the business and of the population will exceed our most 
sanguine expectations. Who shall reap the profit of this? The 
mouths of I'ivers have as well before as since the time of railroads 
controlled the business of the interior. For our national pride the 
thouu-ht, however, is unbearable that the Russian Eao-le should pos- 
sess a point which owes its importance to the British Lion. The 
mouth of the Stakine must be ours, or at least an outer harbour must 
be established on British soil from which our steamers can pass the 
Russian girdle. Fort Simpson, Dundas Land, Portland Canal, or some 
other convenient point, must be selected for this purpose. The neces- 
sity of speedy action in order to secure the control of the Stakine is 
apparent. If we let slip the opportunity, so shall we permit a Russian 
State to arrive at the door of a British Colony. 



PAPERS RELATING TO THE CESSION AND TRANSFER 
OF ALASKA TO THE UNITED STATES IN 18G7.« 

Notes in formally suhmiUed to the (■ha'n'iitan of the committee In the 
Senate^ with the Alaxl'o treat y^ hij tlir Secretary of State. 

Probabl}' this treaty stands alone in the histoiy of diplomacy, as an 
important treaty conceived, initiated, prosecuted and completed, with- 
out being- preceded or attended l\v protocols or despatches. 

The archives of the State Department show a continuous progress 
and growth of friendship and cordiality between the United States and 
Russia, beginning with the establishment of the government. The 
late civil war, which disturbed, if it did not shatter to pieces the rela- 
tions between the United States and most of the European states, was 
marked in its very beginning by demonstrations of sympathy and 
solicitude for the stability of the Union on the part of Russia. Care 
was taken on both sides to anticipate and prevent the happening of 
any incident that might tend to distress or embarrass the relations 
between the two countries. 

It was verbally understood between the two governments that the 
L'nited States would be at liberty, if they should tind it necessary, to 
carry prizes into Russian ports. No confederate agent was ever 
received or encouraged or entertained at St. Petersburg. Such difficul- 
ties as occasionally arose out of complaints by the citizens and subjects 
of the two countries were amical)ly adjusted by verbal explanitions 
without being made grounds for complaint or reclamation in writing. 

The visit of the Russian fleet to the United States in the winter of 
1863 was intended by the Emperor, and was accepted by the United 
States, as a demonstration of respect and good-will, and resulted in an 
increase of mutual regard and sympathy. 

As early as 1S61, the executive governments of the tAvo countries 
came to an understanding to act in concert with a view to the establish- 
ment of a connection between San Francisco and St. Petersburg, by 
an interoceanic telegraph line across Behring's Straits. At a subse- 
quent day Congress sanctioned and gave its co-operation to that policy. 

On the 26th of December, 186-1. the Secretary of State, by direction 
of the President, invited the Emperor of Russia to send his principal 
adviser, the Archduke Constantine. upon a visit to the United States, 
intimating an opinion that such a visit would be beneiicial to the United 
States, and by no means unproHtable to Russia, and giving the assur- 
ance that the Archduke, coming as a national guest, would receive a 
cordial and most demonstrative welcome by the government and peo- 
ple of the United States. The then condition of domestic afiairs in 
Russia prevented the acceptance of this invitation. A copy of the 
invitation is annexed. 

The memorial of the legislature of Washington Territory to the 

" Extracts from House Executive Document, Xo. 177, Fortieth Congress, Second Session. February 19, 
186S, relating to the Treaty of March 30, 1867, and the transfer of Alaska to the United States. 

324 



CESSION OB' ALASKA TO UNITED STATES. 325 

President, received in Februar}-, 1866, was made an occasion, in gen- 
eral terms, for connnnnicating to Mr. de Stoeckl the importance of 
some earh' and comprehensive arrangement between tiie two countries, 
to prevent the growth of difficulties arising out of the fisheries in the 
Russian possessions. 

In the spring of 1866, Mr. Fox. late Assistant Secretary of the Navy, 
was made the bearer of the expressions of national sympathy with the 
Emperor, arising out of the attempt at his assassination. He was 
especially charged to express the most friendly feelings towards the 
o'overnment and peo])le of Russia. 

In the month of October, 1866, Mr. de Stoeckl, who had long been 
the Russian minister here, and enjoj^ecl in a high degree the confidence 
of the government of the United States, went home on a leave of 
absence, promising his best exertions to facilitate the establishment of 
good relations upon a permanent basis. He returned to Washington 
early in the month of March last. The treaty for the cession of Rus- 
sian America to the United States was concluded and signed on the 
3(»th day of March last. A copy is annexed of the only two notes 
which passed between the negotiators before the final execution of the 
treat V. 



Memorial of the legislature of Washington Territori/ to the President. Ileceired February, 

1866. 

To his Excellency Andrew Johx^ox, 

President of the United States: 
Your memorialists, the legislative assembly of Washington Territory, beg leave to 
show that abundance of codfish, haliljut, and salmon, of excellent quality, have been 
found along the shores of the Russian possessions. Your memorialists respectfully 
request your Excellency to obtain such rights and privileges of the government of 
Russia as will enable our fishing vessels to visit the ports and harl)ors of its posses- 
sions to the end that fuel, water, and provisions may be easily oljtained, that our sick 
and disabled fishermen may obtain sanitary assistance, together with the privilege 
of curing fish and repairing vessels in need of repairs. Your memorialists further 
request that the Treasury Department be instructed to forward to the collector of 
customs of this Puget sound district such fishing licenses, abstract-journals, and log- 
books as will enable our hardy fishermen to obtain the bounties now provided and 
paid to the fishermen in the Atlantic States. Your memorialists finally pray your 
Excellency to employ such ships as may be spared from the Pacific naval fleet in 
exploring and surveying the fishing l>anks known to navigators to exist along the 
Pacific coast from the Cortez bank to Behring straits. And, as in duty bound, your 
memorialists will ever pray. 

Passed the house of representatives January 10, 1866. 

Edward Eldridge, 
Speaker House of liepresentatires. 
Passed the council January 13, 1866. 

Harvev K. Hixes, 
President of the Council. 



Mr. Seuxtrd to Mr. de Stoeckl. 

Departmext of State, 

Washington, March 2S, 1867. 
Sir: With reference to the ])roposed convention between our respective govern- 
ments for a cession by Russia of her American territory to the United States, I have 



326 PAPERS RELATING TO 

the honor to acquaint you that I must insist upon that clause in the sixth article of 
the draught which declares the cession to be free and unincumbered by any reser- 
vations, privileges, franchises, grants, or possessions by any associated companies, 
whether corporate or incorporate, Russian or any other, &c., and must regard it as 
an ultimatum; with the President's approval, however, I will add two hundred 
thousand dollars to the consideration money on that account. 

I avail myself of this occasion to offer to you a renewed assurance of my most 
distinguished consideration. 

William H. Seward, 

Secretary of State. 

Mr. Edward de Stoeckl, tt-c. 



Mr. de Stoecki to Mr. Sennrd. 
[Translation.] 

Imperial Legation of Russia to the United States, 

Wash'Digton, March i?5, 1867. 
Mr. Secretary of State: I have had the honor to receive the note which you were 
pleased to address to me on the 3d March, 1867, to inform me that the federal gov- 
ernment insists that the clause inserted in article sixth of the project of convention 
must be strictly maintained, and that the territory to be ceded to the United States 
must be free from any arrangement and privileges conceded either by government 
or by companies. 

In answer, I believe myself authorized, Mr. Secretary of State, to accede literally 
to this request on the conditions indicated in your note. 

Please accept, Mr. Secretary of State, the assurances of my very high consideration. 

Stoeckl. 
Hon. William H. Seward, 

Secretary of State of the United State.'i. 



Mr. de StoecM to Mr. Seward. 

[Translation.] 

Washington, March 20, 1867. 
Mr. Secretary of State: I have the honor to inform you that l)y a 
telegram dated 16-28 of this month from St. Petersburg, Prince Gor- 
tehakolf informs me that his ^Majesty the Emperor of all Russias gives 
his consent to the cession of the Russian possessions on the American 
continent to the United States for the stipulated sum of seven millions 
two hundred thousand dollars in gold, and that his Majesty the Em- 
peror invests me with full powers to negotiate and sign the treaty. 

Please accept, Mr. SecretaiT of State, the assurance of \\\\ \ev\ high 
consideration. 

Stoeckl. 
Hon. \Villia:\i H. Seward, 

Secretary of State of the United States. 



CESSION OF ALASKA TO UNITED STATES. 327 

Ml'. Seuxit'd fo Ml'. Chnj. 

No. 241.] Department of State, 

Washington^ Ajri-il l\ 1867. 
Sir: I traiisuiit for your information a copy of a treaty stipulating- 
for the cession of Russian America to tlie United States, which instru- 
ment was signed here on the 80th ultimo by Mr. Stoeckl and nu'self, 
and has been laid before the Senate by the President. 
1 am 3^our obedient servant, 



Cassius M. Clay, Esq.,dbc. 



William H, Seward. 



Ml'. Clay to Mr. Seward. 

[Extract.] 

No, 140.] Legation of the United States, 

St. Petersburg, Russia, May 10, 1867. 

Sir: Your despatch No. 241, April 1, 1867, enclosing me the treaty 
between JRussia and America, ceding us all Russian America, was duly 
received. I awaited the expression of European and Russian senti- 
ments in reference thereto before answering you. I congratulate you 
upon this brilliant achievement which adds so vast a territory to our 
Union; whose ports, whose mines, whose waters, whose furs, whose 
fisheries, are of untold value, and whose fields will produce many 
grains, even wheat, and become, hereafter, in time, the seat of a hearty 
white population. I regard it as worth at least lift}' millions of dollars; 
and, hereafter, the wonder will be that we ever got it at all. My 
attention was first called to this matter in 1863, when I came over the 
Atlantic with the Hon. Robert J. Walker, upon whom I impressed the 
importance of our ownership of the western coast of the Pacific, in 
connection with the vast trade which was springing up with China and 
Japan and the western islands. He told me that the Emperor Nicholas 
was willing to give us Russian America if we would close up our coast 
possessions to 54-" 4o'. But the slave interest, fearing this new acces- 
sion of "free soil,'' yielded the point and let England into the great 
ocean. Since then, in connection with the necessity of our owning one 
end of a European telegraph line, quite independent of P^ngland, I have 
talked with, and I have urged the Russian authorities in a private way, 
to put the privileges of the Hudson Bay Company, sublet them b}- the 
Russian American Company, in our hands, with a view of having the 
natives friendly to us, and our telegraj^h line, cScc, in case of war. 
And I trust I have added indirectly in this final cession, which, l)y your 
address and secrecy, took me with a most agreeable surprise. 

There is now^ beginning to be a party of '" ins" and ■"'outs,''' as in 
America and England, and they (the " outs") have attempted to make 
interest against the administration by attacking the treaty. The Rus- 
sians are ver}' jealous of foreigners, and traditionally opposed to ceding 
territory, yet, in consequence of the good feeling everywhere prevail- 
ing in our favor, I regard the sale as popular. I have heard it said: 
" Well, we have sold tovou too cheaply, Ijut it's all in the family; "' and 
others look upon it with favor because we are to be near their eastern 



328 PAPERS RELATING TO 

possession.s, and as they regard us perpetual friends, in hopes that 
it ma}^ ultimately lead to the expulsion from the great Pacitic of 
nations whose power in the east is justlj^ feared. 

» ■::- * * * <■ • 

Mr. Bodisco has come with the treaty. 

Believe me truly, my dear sir, j'our obedient servant, 

CM. Clay. 
Hon. William H. Seward, 

Secretary of State, (l%\ 



Mr. Seward to Mr. de StoecM. 

Department of State, 

^Vashha|toa, May IS. 1867. 
Sir: I have the honor to inform you that Brigadier General Lovell 
H. Rousseau has been appointed b}^ the President the commissioner 
on the part of the United States to receive, from the commissioner 
appointed on behalf of his Majest}' the Emperor of all the Kussias, 
the territory ceded to the United States by the treaty of the 30th of 
March last. A copy of the instructions which have been given to 
General Rousseau for his guidance in executing that trust is herewith 
communicated for your information and that of your government. 

I avail myself of this occasion, sir, to oli'er to you a renewed assur- 
ance of my most distinguished consideration. 

William H. Seward, 

Secretary of State. 
Mr. Edward De Stoeckl, i&c. 



[Telegram received at War Department, Washington, May 23, 1867. Time 8.45 a. m.] 
General JFalJecl' to Mr. Statdon. 

San Eranctsco, Cal. , May 20, 1867. 

If the Russian American territory is to be occupied this year the 
troops should be sent there in June, or at least in July. I recom- 
mend the establishment, for the present, of four posts of one company 
each, viz: 

1st. New Archangel, in Sitka l»ay. 

2d. In Cook's inlet. 

3d. On Kadiok island. 

4th. On Onolaska island. 

Prol)al)ly the occupation of posts in Norton's sound, Bristol bay, and 
on the Youcan river, had better be postponed till next year. Not 
more than four companies can well l)e spared from the troops now on 
the coast for services in the new territory. 

H. W. Halleck, Major General. 

Hon. Edwin M. Stanton. 

Secretary of Wcrr. 



CE.^SION OF ALASKA TO UNITED STATES. 329 

Mr. Sevard t<> 2tlr. Stantoii. 

Departmp:nt of State, 

W(ixJt!ii(jt<>/i^ 3T(iy 25, 1867. 

Sir: I have read Major General Halleck\s di.spatch of the 20th 
instant. 

The exchange of ratitications of the Russian American treaty is 
expected to be made not hiter than the 30th of June. The Russian 
minister expects commissioners to come here from St. Petersburg to 
make formal deli\ery of the territory soon after the exchange of rati- 
fications. Those conunissioners will proceed hence to San Francisco, 
and the joui'ney will occup}" some time. Troops need not be sent 
before the formal deliv^ery of possession is made l)ythe commissioners, 
1 think that the connnissioners of both parties may be expected to be 
able to leave San Francisco as earl}' as the 25th of July. My present 
thought is that Major General Halleck, or Major General McDowell, 
ought to be instructed to proceed to Russian America as commissioner 
to receive the delivery of the Territory. In that case the troops could 
probably go with the military conmiissioner. 

The Secretary of the Navy informs me that he will order a suitable 
ship of war to convey the commissioners, and 1 suppose that he will 
also furnish the necessary transports, ^yould you l)e good enough to 
confer with him on the subject^ 

Giving you these facts for 3'our information, 1 have now to submit 

the expedienc}' of your making such reply to Major General Halleck 

as you shall deem discreet and proper. 

I am, &c., 

TT T^ ^r o William H. Seward. 

Hon. F. M. Stanton. 

Secretary of War. 

Mr. Clay to Mr. Seuvird. 

Ko. 147.] Lec^ation of the United States, 

St. Petcrshvrg^ Basx/a, July 5, 1867. 

Sir: You were not, perhaps, aware, when you made the Russian 
treaty of cession, that the Russian American Fur Company kept sol- 
diers and defended the territory of Russian America. So the words, 
"fortifications, barracks, &c., not private individual property,'" would 
conve}' nothing to us, although no doubt you intended to buy all of 
those. I write now to inform you that there has V)eon an understand- 
ing between the Russian government and the Russian American Com- 
pany, and it is expected that you will claim all military posts. &c., 
and this the,v will grant, 1 doubt not, if insisted on. The other fran- 
chises of the Russian American Company had expired by time in this 
year, and were not renewed. As a matter of fact, I believe that the 
Russian American Company kept soldiers at every place of occupation, 
saw-mills, ice-works, c^cc, but these could hardly be construed to be 
"fortifications or l^arracks,'' in equity. 

Mv object is simply to give you some idea of the facts, which may 
be of use to you, in settling with the conmiissioner of the Russian gov- 
ernment, who will deliver over the property to us. 
I am, sir. vour most obedient servant, 

C. M. Clay. 

Hon. W. H. Seward, 

Secretary of State^ WasJihKjton^ D. C, U. S. A. 



330 PAPERS RELATING TO 

Mr. Seicarcl to Mr. Clay. 

No. 257.] Department of State, 

WasJdngtori^ July £3, 1867. 
Sir: I have received 3'our despatch of the 5th instant, relating to 
the construction of the treaty of cession, and thank you for your 
attention. 

1 am, sir, your obedient servant. 

WiLLTAM H. Seward. 
General Cassius M. Clay, ihc. 



Mr. Seicard to Mr. <Ic StoecM. 

Department of State, 

Washington., August 13., 1867. 
Sir: I have the honor to inform you that Brigadier General Lovell 
H. Rousseau has been appointed ])y the President the commissioner 
on the part of the United States to receive from the eonmiissioner 
appointed on behalf of his Majesty the Emperor of all the Russias the 
territory ceded to the United States l)y the treaty of the 30th of March 
last. A copy of the instructions which have been given to General 
Rousseau for his guidance in executing that trust is herewith commu- 
nicated for your information and that of your government. 

I avail myself of this occasion, sir. to offer to you a renewed assur- 
ance of my most distinguished consideration. 

William H. Seward. 
Mr. Edward de Stoeckl, d;c. 



Executive Mansion, 

Wasldngioi}, Avyu.st 7, 1867. 
Brigadier General Lovell H. Rousseau, of Kentucky: 

You are hereliy appointed agent on behalf of the Fnited States to receive from the 
agents of his Majesty the Emperor of all the Russias the territory, d( minion, prop- 
erty, dependencies, and appurtenances which are ceded V)y his Imperial Majesty to 
the United States, under tlie treaty concerning the cession of the Russian possessions 
in North America, concluded ^larch 30, 1867. A copy of the treaty is herewith 
communicated for your information and government. 

In witness whereof I have hereunto signed my name and caused the seal of the 
United States to be affixed. 

Andrew Johnson. 
By the President: 

William H. Seward, 

Secretary of State. 



Headquarters Military Division of the Pacific, 

San Franchro. California^ November 25., 1867. 

General: I transmit herewith copies of my instructions of Septem- 
ber (5 and 24, in regard to the military district of Alaska. 

I learn from General Rousseau that the formal transfer of the terri- 
tory to the United States took place on the I8th of October. 



CESSION OF ALASKA TO UNITED STATES. 331 

1 have received no official despatches from General Davis, but learn 
from other sources that his troops were landed immediately upon the 
formal transfer of the territory, and that they are comfortably housed 
in Sitka. It is doubtful whether I shall be able to communicate with 
General Davis aoain during" the winter. 

Very respectfully, vour ol)edient servant, 

H. W. Halleck, 
Major General^ Commanding. 
Adjutant General r)/?;/^- ^lr;/^y, Was/u'ru/foti, 1). C. 

Official: 

R. Williams, 

Asaistan t Adj a tan t General. 



THE NEGOTIATION, IN ITS ORIGIN AND COMPLETION. 

Extract from S2)eech of Hon. Charles Sumner of Massachusetts., on the 
cession of Muss kin America to the United States. 

J am not able to say when the idea of this cession first took shape. 
I have heard that it was as long- ago as the administration of Mr. Polk. 
It is within my knowledge that the Kussian government was sounded 
on the subject during the administration of Mr. Ruchanan. This was 
done through Mr. Gwin, at the time senator of California, and Mr. 
Appleton, Assistant Secretary of State. For this purpose the former 
had more than one interview with the Russian minister at Washington 
some time in December, 1859, in which, while professing to speak for 
the President unofficially, he represented "that Russia was too far off 
to make the most of these possessions; and that, as we are near, we 
can derive more from them." In reply to an inquiry of the Russian 
minister Mr. Gwin said that "the United States could go as high as 
$5,000,000 for the purchase," on which the former made no comment. 
Mr. Appleton, on another occasion, said to the minister that "the 
President thought that the acquisition would be very profitable to the 
States on the Pacitic; that he was ready to follow it up, but wished to 
know in advance if Russia was ready to cede; that if she were, he 
would confer with his cal)inet and influential members of Congress." 
All this was unofficial; but it was promptly conuuunicated to the 
Russian government, who seem to have taken it into careful consid- 
eration. Prince GortschakoAV. in a despatch which reached here 
early in the summer of 18»>0. said that "the ofler was not what might 
have been expected; but that it merited mature reflection; that the 
minister of flnance was about to inquire into the condition of these 
possessions, after which Russia would be in a condition to treat." The 
prince added for himself that "he was by no means satisfied person- 
ally that it would l)e for the interest of Russia politically to alienate 
these possessions: that the only consideration which could make the 
scales incline that way would be the prospect of great flnancial advan- 
tages; but that the sum of $5,000,000 does not seem in any way to 
represent the real value of these possessions;" and he concluded l)y 
asking the minister to tell Mr. Appleton and Senator Gwin that the 
sum offered was not considered ''an equitable eciuivalent." The sub- 
ject was submerged by the presidential election which was approach- 



332 PAPERS RELATING TO 

ing, and then l\v the rebellion. It will l)e observed that this attempt 
was at a time when politicians who believed in the perpetuity of slaveiy 
still had power. 5lr. Buchanan was President, and he employed as 
his intermediary a well-known sympathizer with slavery, who shortly 
afterward became a rebel. Had Russia been willing, it is doul)tful if 
this controlling interest would have sanctioned any acquisition too far 
north for slavery. 

Meanwhile the rebellion was brought to an end, and peaceful enter- 
prise was renewed, which on the Pacitic coast was directed toward the 
Russian possessions. Our people there, wishing new facilities to 
obtain lish, fur, and ice, sought the intervention of the national gov- 
ernment. The legislature of Washington Territory, in the winter of 
1866, adopted a memorial to the President of the United States, entitled 
*'in reference to the cod and other fisheries," as follows:" 

is^ * x * * ^ 

This memorial, on its presentation to the President in February, 
1866, was referred to the Secretary of State, })y whom it was com- 
municated to Mr. de Stoeckl, the Russian minister, with remarks on 
the importance of some early and comprehensive arrangement l)etween 
the two powers in order to prevent the growth of difficulties, especially 
from the lisberies in that region. 

Shortly afterwards another influence was felt. Mr. Cole, who had 
been recenth' elected to the Senate from California, acting in liehalf 
of certain persons in that State, sought to obtain from the Russian 
government a license or franchise to gather furs in' a portion of its 
American possessions. The charter of the Russian American Com- 
pany was about to expire. This company had already underlet to the 
Hudson Bay Company all its franchise on the main land between 54^ 
4U' and Mount St. P^lias; and now it was proposed that an American 
compan}", holding direct from the Russian government, should be sub- 
stituted for the latter. The mighty Hudson Bay Company, with its 
headquarters in London, was to give way to an American company, 
with its headquarters in California. Among the letters on this subject 
addressed to Mr. Cole, and now before me, is one dated at San Fran- 
cisco, April lu, 1866, in which this scheme is developed as follows: 

There is at the present time a good chance to organize a fur trading company to 
trade between the United States and tlie Russian possessions in America, and as the 
charter formerly granted to the Hudson Bay Company iias expired this would be 
the opportune moment to start in. * * * "* I should think that by a little man- 
agement this charter could be obtained from the Rjissian government for ourselves, 
■as I do not think they are very willing to renew the charter of the Hudson Baj^ 
Company, and I think they would give the preference to an Ameiican company, 
especially if the company should pay to the Russian government five ])er cent, on 
the gross proceeds of their transactions, and also aid in civilizing and ameliorating 
the condition of the Indians l)y emjjloying missionaries, if required l)y the Russian 
govermnent. For the faithful performance of the ab<ive we ask a charter for the 
term of twenty-tive years, to l>e renewed for the same length of time, if the Russian 
government finds the company deserving; the charter to invest us with the right of 
trading in all the country l)et\veen the British American line and the Russian archi- 
pelago. * * * * Remember, we wish for the same charter as was formerlj' 
granted to the Hudson Bay Company, and we offer in return more than they did. 

Another correspondent of ]Mr. Cole, under date of San Francisco, 
17th Septem])er, 1666, wrote as follows: 

I have talked with a man who has been on the coast and in the tiade for ten years 
past, and he says it is much more valuable than J have supposed, and I think it 
very important to obtain it if possible. 

'^'For memorial see ante page ;:>25. 



CESSION OF ALASKA TO UNITED STATES. ■ 333 

The Russiun niinister at Washing-ton. whom Mr. Cole saw repeatedly 
upon this suljject. was not authorized to act, and the latter, after con- 
ference w^ith the Department of State, was induced to address Mr. 
Clay, minister of the Cnited States at St. Petersburg-, who laid the 
application before the Russian government. This wa^ an important 
step. A letter from ]\lr. Clay, dated at St. Petersburg, as late as 1st 
Fel)ruary, 1867, njakes the following revelation: 

The Russian government has ah-eady ceded away its rights in Russian America for 
a term of years, and the Russo-Anierican Company has also ceded the same to the 
Hudson Bay Companj-. This lease expires in June next, and the president of the 
Rasso-x\merican Company tells me that they have' been in correspondence with 
the Hudson Bay Com]iany about a renewal of the lease for another term of twenty- 
five or thirty years. Until he receives a definite answer he cannot enter into nego- 
tiations with us or your California company. INly opinion is that if he can get off 
Avith the Hudson Bay Company he will do so, when we can make some arrange- 
ments with the Russo-American Company. 

Some time had elapsed since the original attempt of Mr. Gwin.also 
a senator from California, and it is probable that the Russian govern- 
ment had obtained information which enabled it to see its way more 
cleai'ly. It will be remembered that Prince Gortschakow had prom- 
ised an inquiry, and it is known that in 1861 Captain Lieutenant Golo- 
win, of the Russian navy, made a detailed report on these possessions. 
Mr. Cole had the advantage of his predecessor. There is reason to 
believe, also, that the administration of the fur company had not been 
entirely satisfactory, so that there were w^ell-founded hesitations with 
regard to the renewal of its franchise. Meanwhile, in October. 1866, 
Mr. de Stoeckl. who had long been the Russian minister at \\'ashington, 
and enjoyed in a high degree the contidence of our government, 
returned home on a leave of absence, promising his best exertions to 
promote good relations between the two countries. While he was at 
St. Petersburg- the applications from the United States were under 
consideration; but the Russian government was disinclined to any 
minor arrangement of the character proposed. Obviously something-^ 
like a crisis was at hand with regard to these possessions. The exist- 
ing- government was not adequate. The franchises granted there were 
about to terminate. Something must ))e done. As ^Ir. de Stoeckl 
was leaving in February to return to his post, the Archduke Constan- 
tine, the brother and chief adviser of the P^mperor, handed him a map 
with the lines in our treaty marked upon it, and told him he might 
treat for this cession. The minister arrived in Washington early in 
March. A negotiation was opened at once with our government. 
Final instructions were received by the Atlantic cable from St. Peters- 
burg- on the 2Hth March, and at four o'clock on the morning of the 
30th March this important treaty was signed by Mr. Seward on the 
part of the United States {\nd l)v ^Ir. de Stoeckl on the pait of Russia. 

Few treaties have been conceived, initiated, prosecuted, and com- 
pleted in so simple a manner without protocols or despatches. The 
whole neg'otiation will l)e seen in its result, unless we except two brief 
notes, which constitute all that passed between the negotiators. These 
have an interest general and special, and I conclude the history of this 
transaction b}- reading- them. " 

«For notes, see ante page 32.o. 



334 PAPERS RELATING TO 

Rt^pnrt oj General J. C. Davis njjon the transfer of Alaska to the 

United States. 

Head Quarters Military Dist. of Alaska, 

^eir Archangel^ A. 2., JSiov^' l;ith, 1S67. 

Major: I have the honor to siilmiit the following official report of 
the expedition of United States Troops under my eomniand, designated 
to occupy ''Russian America:'' now the Military District of Alaska: 
also suchincidents Avorthy of record, as have occurred since our arrival 
here. The Steamer JoJin L. .Stej)hens with the Conmiand and stores 
on board left the Wharf at San Francisco on the evening of the 25th 
of September. * " * 

* * * The harbor of New Archangel was reached the 9th, 1>ut 
the ship was only al)le to get to her proper anchorage, on the morning 
of the 10th the following day I went ashore and called upon Prince 
Maksoutolf the Russian Governor and was politely received by him — 
during the interview 1 made arrangements for the landing of our ani- 
mals upon one of the little Islands in the harbor. The animals were 
landed during the two succeeding days in small boats or ilats. The 
troops were retained on the vessel in accordance with my instructions; 
patiently aw^aiting the coming of the Commissioners of transfer, until 
the morning of the iSth, Avhen the pleasing intelligence of their 
safe arrival was announced throughout the harbor and town. I 
lost no time in calling upon the Commissioners and informing them 
of my readiness to take any part in the ceremonies of transfer they 
might desire, also, urged as much despatch in making the transfer as 
was compatible with their duties. It was soon decided to make the 
transfer the same evening (the 18th). The troops were soon and easily 
landed in small boats, mostly furnished and manned from the ships of 
War lying in the harbor. These ships were the Osxlppee^ Ressaca 
and Jainestejirii ; Conunanded by Captains Emmons, Bradford and 
McDougal. The troops were formed near the ilag-stati' bearing the 
Imperial Hag of Russia, in front of the Governor's house. The Rus- 
sian troops were shortly afterwards formed on the same ground at 
4 o'clock P. M. the time agreed upon by the Commissioners, the Rus- 
sian Hag was lowered. The troops of both nations coming to a present 
arms, and the Artillery of both Nations tiring a salute — the Americans 
leading off; a few minutes after, our National flag was run up and 
.saluted in like manner, the Russians taking the lead — thus ended the 
ceremonies. The territory and dominion of Russian America were 
formally declared ours. Next came the l)usiness of desigjiating the 
property which should be turned over with the territory. * * * 
The sailing vessel Czarowiteh leaves for San Francisco to-day, giving 
us an opportunity to write. I forwarded by the Stej)eas all our 
monthly reports and papers due. up to the last of October. 
I am very respectfully. Your 01)dt. Servant, 

(Signed) Jeff. C. Davis 

Brt. Maj. Geneixil Coimmanding. 

Major J. P. Sherburne 

Adjt. Geiural Departiuent of California., 

Saa F'raneisco.^ Cal. 



CESSION OF ALASKA TO UNITED STATES. 335 

ACCOUNT OF THE TRANSFER OF ALASKA TO THE UNITED STATES'. 

[From the Siiccial Convspomlent of the Altu. Sun Francisc-o. Cal.] 

Sitka, (Jcfo/jej- IS, 1867. 
Editors Alta: Duriiiii- lust night ouns were heard in the distance 
by the sailors, and during- the breakfast hour the Osslj}er appeared in 
the outer harbor. At eleven o'clock she came to anchor in our midst. 
She had left San Francisco only two days after the John L. Stej)hens, 
reached Victoria in good time, and left there for Sitka the same da,v 
that our steamer left i^anaimo. 

•5!- «■ ■::- ■» -j;- * -x- 

In view of the unavoidable discomforts on shipboard, General Davis 
was desirous that arrangements should be made to put the soldiers in 
quarters on shore at the earliest practicable time. Soon after, he per- 
sonally conferred with the commissioners, and they decided that the 
ceremon}' of the transfer of the Russian colonies in North America to 
the United States should take place at half-past three this afternoon, 
at the governor's house— this editice being the capitol under the exist- 
ing government. 

Prince Maksoutoft, the governor, gave orders that the Russian mili- 
tary force, consisting of a company of one hundred men, should appear 
in uniform at three: and General Davis directed the militaiy on the 
Ja/ni L. Steph<'n>< to be landed in full dress at the same hour. A flag, 
forwarded by the State Department for this occasion, was intrusted to 
a * *• guard of honor,'' consisting- of twenty men. The afternoon, though 
partially cloudy, was pleasant. 

At tliree o'clock the Russian troops formed on the parapet in front 
of the governor's house, on the right of the government flag-statf, a 
tir mast, lUU feet high. At the same moment, our troops embarked 
in the launches belonging to the men-of-war. the boat of General 
Davis, with the flag and guard of honor, taking the lead. This move- 
ment covered the little harbor with boats, and the sheen of the muskets, 
the uniforms of the oflicers, with the dark and lofty mountains as a 
background, presented a novel and impressive picture. A short row, 
and die stars and stripes were landed for the flrst time on our new 
territory. As soon as the soldiers were all landed. General Davis, 
with the guard of honor, proceeded to the governor's house, the latter 
taking their position on the left, in front of the flag-stafl'. Our sol- 
diers now hied past, and took their position on the left of the Russians, 
the latter presenting arms, and ours returning the salute. 

The battalion of United States troops was commanded by Brevet 
Major C. O. Wood, of the ninth infantry; the guard of honor by Lieu- 
tenant J. E. Eastman, of the second artillery; company II, of the sec- 
ond artillery, was connnanded l)y Brevet Captain J. B. Mclntire; com- 
panv F, of "the ninth infantry, by Lieutenant M. C. Foot; Lieutenant 
C. P. Eagan, of the ninth infantry, and Lieutenant B. W. Livermore, 
second artillery, were with their respective companies. General Davis 
was attended by the members of his stafl', Brevet Lieutenant Colonel 
G. H. Weeks, assistant quartermaster; Assistant Surgeon A. H. Hoft'; 
and Lieutenant S. H. Kenney, assistant adjutant general. The Rus- 
sian infantry were commanded by Captain Helrousky. 

The Russian soldiery were di-essed in a dark uniform, trinmied with 
red, with flat, glazed caps. Here, in Sitka, they are employed as day- 



336 PAPERS RELATING TO 

laborers on working days; but on holidays, which, under the Russian 
regime^ number eighty-six annually, in addition to Sunday's, the}' are 
frequently called out on drill, and by this means become familiar with 
ordinary military evolutions. The United States troops appeared in 
the usual full dress. 

* * * * * * * 

At half-past three Prince Maksoutoti', and the commissioners, Gen- 
eral Rousseau and Captain Pestchourotf, appeared, and taking their 
position near the flag-statf were saluted 1)y the militar3\ Captain 
PestchourofI' then gave the signal to lower the Russian flag. As soon 
as it began to move down the stati" a gun thundered from the Osstpec^ 
the ship of the senior oiiicerof our squadron. A moment after it was 
answered by a gun from the Russian battery. These guns were tired 
alternately, lii'st by us and then by them, until twenty-one guns were 
fired bv each. When the flag had descended one-third of the distance, 
it caught fast upon the yardarm. One of the governors marines 
ascending disengaged it, and it dropped down upon the heads of the 
Russian soldiers, as if seeking a home witli those who were its appointed 
defenders. Captain Pestchourotf. turning to the American commis- 
sioner. General Rousseau, said: "By the authorit\' of his Majesty the 
Emperor of all the Russias, I transfer to you, the agent of the United 
States, all the territory and dominion now possessed by liis Majesty on 
the continent of America and in the adjacent islands, according to a 
treatv made l^etween these two powers."" 

General Rousseau replied: ""I accept from you, as agent of his Maj- 
esty the Emperor of all the Russias, the territory and dominion which 
you have transferred to me, as commissioner on the part of the United 
States to receive the same." 

Our flag was now bent to the. halliards by two American sailors, and 
George Lovell Rousseau, a lad of fifteen and son of General Rousseau, 
assisted by a midshipman, raised the "Stars and Stripes'' slowh' and 
sureh' to the head of the stafl'. A gun thundered from the Russian 
battery, answered l)v one from our ship. The firing was alternate, as 
before, until each had fired the national salute. 

The Russian eagle had now given place to the American, and the 
national colors floated over a new, wide -spread territory. Our domin- 
ion now borders on a neAv ocean, and almost touches the old continent — 
Asia. Democratic institutions now extend over an area hitherto the 
possession of a despotic government. The occasion inspired the soul 
of everj^ American present, and as the ofiicers retired three mighty 
cheers were given, and we all rejoiced that we now stood on American 

soil. 

* * * * * * * 



Heport of the Hon. IFngJi McCalloch, Secretary of the Trea-snry^ on 
A/as-ka, accompany ing the President? s message replying to re><ohition 
if the House of Rejyresentatives on the 19th of Decemher^ 1867. 

Treasury Department, 

Felrruary 1. 1868. 
Sir: I have the honor to transmit herewith, to be communicated to 
the House of Representatives, in partial response to their resolution 
of inquiry addressed to you on the 19th of December last, of which a 



CESSION OF ALASKA TO UNITED STATES. 837 

copy was referred to this department by the Secretary of State on the 
8th ultimo, the results of a cruise to the waters of the territory 
recentl}' acquired from Russia, undertaken during- the past summer 
by the steam revenue cutter Lincoln^ under orders from this depart- 
ment. The primary object of the cruise was to atiord protection to 
the revenue during- the period of doubtful and uncertain jurisdiction 
between the ratitication of the treaty and the formal occupation of the 
country. Advantage was taken of the occasion to procure informa- 
tion regarding- the characteristics and resources of the country. A 
large number of specimens in the various branches of natural history 
have been collected which will be deposited at the Smithsonian Insti- 
tution. A portion of them are already there. 

Inquiries respecting- the new territory have been instituted by the 
department in other directions, but the results of them are not 3'et in 
condition to be transmitted. They will, however, be submitted as 
soon as possible; it is hoped within a few weeks. 

I am, sir, very respectfully, 3^our obedient servant, 

H. McCULLOCH, 

Secretary of the Treasury. 
His Excellencv the President. 



Treasury Department, Jnne ^, 1867. 
Sir: You will proceed without delay to San Francisco, and take 
charge of the steamer revenue cutter Lincoln^ commanded by Captain 
White, which has been designated to make a voyage to Sitka, and the 
Russian possessions in America, latelv ceded to the United States, to 
acquire a knowledge of the country with a view to the due protection 
of the revenue when it shall have become a part of the United States, 
and for the information of Congress and the people. 

******* 

I am, sir, very respectfully, 

H. McCuixocH, 

Secretary of the Treasury. 
Captain W. A. Howard, 

Revenue Cutter Service, New Yorh City. 



United States Revenue Steamer Lincoln. 
Sir: I respectfull}^ continue my report carried forward to 23d Sep- 
tember [1867].* In daily, in fact, hourly, expectation of the arrival 
of the commissioners and treasuiy agent with instructions for me, I 
remained very impatiently until 8th October, when I got under wav 
and proceeded to Redoubt, said to be an excellent harbor and a very 
superior fishing station, east of this port. 

* * * * * * * 

Knowing- the Ossipee was a very slow steamer, I determined to pro- 
ceed at once to Chilcate, the head of Chatham straits, mouth of Chilcate 

*For complete report, see House Executive Document, Xo. 177, Fortieth Congress, 
Second Session, p. 195, et seq. 

21528—03 29 



388 PAPERS RELATING TO 

river, held by the most powerful tribe, and perhaps the most warlike 
and troublesome on the coast, (this was also the terminus of the Hud- 
son Bay Companj-'s trading in Russian possessions north,) hoping to 
return in time to receive the commissioner and assist in the ceremonies 
of hoisting the flag of the United States. 

On the loth Octo))er Idowing hard, with rain. We got under Avay 
and proceeded towards Peril straits, en route for Chilcate. At 7 p. m., 
being very dark and stormy, anchored in a narrow passage in six (»i) 
fathoms of water, good holding ground. On the morning of the 14th 
pleasant Aveather; passed through Peril straits and anchored at the 
entrance of Chatham sound. Meeting a canoe, I sent a message to the 
chief, living not far distant, to meet me at our anchorage that night, 
which he did. I found him one of the most sensible and considerate 
Indians I had ever met, I entertained him in my cabin, explaining to 
him that the Bostons (Americans) had purchased the country from 
Russia, showed him the flag, which he promised to respect and protect. 
He .-aid. '"Perhaps ))etter for Indians; perhaps not.'' The Russians 
had always been good friends, and the King George men (English) had 
at stated times sent ships to trade with them for furs, supplying them 
with powder, ball, blankets, and shirts. Would we do the same? On 
my assurance that we would, he was satisfied. He had brought in his 
canoe some potatoes for sale. He wished to know if the Boston chief 
would accept them to eat. but if too small for him (me) Avould he accept 
them for the crew? I, of course, could not refuse them. On his 
departure he thanked me for the "good talk,'" would tell his people to 
be friends with the Bostons. I made him a present of some toljacco, 
powder and lead for his i-ifle; he left Avell satisfied, promising to watch 
for the ship on returning and bring some deer, which he did. 

******* 

At 6 a. m. barometer 29 - 10', thick and raining; up anchor and stood 
into and up Chatham sound towards Chilcate; found the English and 
Russian charts all wrong per compass and otherwise. We steered 
from point to point as they came in view, and at 3 p. m, anchored 
where we supposed Chilcate was or should l)e. Soon appeared ten or 
twelve canoes and came alongside; permitted some of the Indians to 
come on board. I was informed by a small chief they Avere at war 
with their own head chief, who was up the river at the main village, 
twelve hours' paddle. I would not treat with him as head chief, as he 
desired, but explained to him the fact of the purchase of the country, 
&c., &c. 1 made him. however, suital)le presents of tobacco, bread 
and molasses, but no liquor, very much to his disgust. He left with 
his party not quite well pleased Avith their gahhs. I had contrived to 
get a runner, unknown to this chief, to inform the head chief of our 
arrival, and invite him to a talk. 

This being an important point for the coast survey, preparations 
were made on a small island, (God's island,) near the ship, for a set of 
sights; the latter part of the night being propitious, some good ones 
were obtained. 

Next morning, iTth October, blowing too fresh to send a boat from 
the ship; toAvards noon. hoAvever, it died out; I sounded I'ound God's 
island; found good anchorage and shelter. 

At 1.30 five large war canoes came alongside, one with the Hudson 
Bay Company's flag flying, and J<icl\ pilot and interpreter in full uni- 
form of an English officer, came on board. The head chief soon 



CESSION OF ALASKA TO UNITED STATES. 839 

arrived with his wife, (daug'hter of the great chief of the Stikines,) 
and were received in the cabin, where I had a long- "talk" with him. 
He is a very quarrelsome Indian, and tries one's patience exceedingly. 
Whiskey not being- given him he was much incensed and said. "If I 
had no presents, coats, trowsers and shirts, why come^ Talk without 
whiskey- was nothing-; s'pose plenty whiskev and presents, then talk 
g-ood." 

I was well aware of the character of this chief, and knew it was 
necessary to secure his good opinion and friendship for the Bostons, 
(Americans,) otherwise it would be unsafe for any small trader with 
the flag of the United States to go there. 

I felt exceedingly the want of presents for such occasions. I had 
not, however, asked the department for any, nor the power to pur- 
chase. Whiskey I had })ut would not give him any, knowing- it was 
the intention of the department to prohil)it all traffic in it. 

After an hour's talk he was convinced the ship was not a trader, 
but the great American (Boston) chief sent to talk with him: that 
presents would be made him, provided he was true to the new flag': 
also being- assured that traders would come at the proper seasons. 
Presenting him with a handsome and new overcoat, lined with red 
broadcloth, and fully trinmied with braid, tobacco, molasses and bis- 
cuit, an American flag and stafl", which was fltted in the bow of his 
canoe, he departed much better disposed than 1 had anticipated. Sev- 
eral minor chiefs and friends of his ("Chatsquit") were made suitable 
presents, and all departed at sunset, kindly disposed towards their 
new rulers. The United States flag- was hoisted at Chilcate within a 
few minutes of the time it was hoisted at New Archangel, as it was 
afterwards ascertained. Having attained the object of our visit, I 
next day steamed down Chatham sound towards New Archang-el, pick- 
ing up as promised the Indian chief with a canoe loaded with venison, 
which was purchased for the ship's company. This night, being- 
unable to And anchorage, kept under way all night. 

At 1.30 p. m, on the ll>th October anchored in New Archangel, 

with the flag of the Union fl^'ing over the govermuent house. Having 

performed the necessary visits of ceremony to the new and the past 

governments, I turned my attention to the remaining- duties assigned me. 

******* 

On the morning of November 1, entered Clarence strait, or sound, 
and proceeded direct to the mouth of the Stikene river; at 2 p. m. 
anchored in Highfleld harbor. I went on shore in the barge, and 
found Captain Forsaith, acting inspector of customs, and two persons 
in charge of a Union Telegraph station, with 5<)0 miles telegraph wire 
and a large quantity of supplies belonging to the said company. I 
had sent Captain Forsaith here, in charge of the goods on board the 
Hudson Bay Company's steamer Ottei\ in transitu for their posts in 
the interior. As this is one of the most important points on this coast, 
(mainland,) in our new possessions, I directed Captain Forsaith to 
remain. (See letter, November 2.) En route to the village I met the 
principal chief. Shakes, going on board, with his wife; 1 received 
them on board my barge, and carried them on lioard the Lincoln. I 
entered at once into the most friendly relations with this .voung chief. 
He had a very bad felon on his hand, which Surgeon Kellogg lanced, 
which freed him from great pain. Everything he had was at our serv- 
ice, at reasonable rates. Very few of his people were at home, how- 



340 PAPERS RELATING TO 

ever, the o-reater portion having gone hunting and fishing for their 
■winter supplies. I authorized this chief, at his own request, to seize 
the whiskey sellers, taking them and their vessels at once to Captain 
Forsaith. 1 have no doubt he will do it, being impressed with the 
fact of the injurious tendency of whiskey among his tribe. 1 gave 
him an American tlag and a paper recognizing him as " Con-mis-ta," 
son of Shakes, the principal chief of the Stikene tribe. 

1 should have endeavored to go up tlie river with the Lluvoln^ had 
the weather been suitable. From the best information I could obtain, 
1 could have proceeded about thirty (30) miles from the mouth, to a 
station established, since our purchase, by the Hudson Bay Company, 
it is said, directly on our line. Four American miners, from 120 
miles up this river, applied for passage to Puget sound, which was 
granted them. The}' reported favorably of the Stikene; said they had 
made each live hundred (500) dollars clear of all expenses. They would 
return in the spring with provisions and implements for future opera- 
tions. 

At 5 a. m., November 3. under way, steaming through Clarence 
strait nearly all day. with heavy but short snow squalls. At T p. m. 
run into Ward's harljor. (entrance of Torgas channel,) and anchored 
in twelve fathoms, muddy bottom; a perfect harbor, 84 miles from 
Stikene river. 

On the ttth, at h\ a. m., left Ward's harbor, stood down Clarence 
strait, entering Dixon's passage, our southern boundary line, at 4 
p. m., crossed it, and entered the harljor of Fort Simpson, and 
anchored. 

Thus ended the observatory cruise of the L!ii<y>lii, regretting so little 
has been eli'ected, bj" the lateness of the season, the extremely bois- 
terous and rainy w^eather. as also the tardiness of the commissioners, 
which kept us many days that might have been employed in examin- 
ing the eastern archipelago and the main shores bordering on British 
Columbia. 

■s- * * * * * * 

Having stated, in detail, each and every movement of the Lincoln^ 
it now becomes my duty to reply to the following queries, viz: 

1. The most available channels of commerce, the prol)able haunts of 
smugglers, and the most suitable points for custom-houses and revenue 
stations. 

The most available channels for commerce are through Dixon's 
entrance, up Chatham strait, Clarence strait, Frederick sound, Lynn 
channel, to the mouth of Chilcate, New Archangel; Copper river, 
Cook's inlet, Kodiak, and Ounalashka, through Akentan pass into 
Behrings' sea — into Illilook or Captain's harbor; all of which afiord 
the best harbors. 

The haunts of smugglers, at present, are mostly contined to the 
Prince of Wales archipelago, from the Stikene to the head of Lynn's 
canal and mouth of Chilcate — in fact, among all the islands and rivers 
comprised in the Hudson Bay Company's lease from the Russian Com- 
pany; they are, however, extending to Cook's inlet and Kodiak. 
****** * 

W. A. Howard, 
Capt. U. S. Rev. Marine, Special Ageiit Treasury Department., 

Cmamanding Alaska Expedition. 
Hon. Hugh McCulloch, 

Secretary of the Treasury, Washington, D. C. 



CESSION OF ALASKA TO UNITED STATES. 341 

[Coast Survey Report, isti'.l 

U. S. Coast Survey Station, 
SiUi J^/'cnuu'sco, California^ J^ot'cinher SO^ 1867. 
Dear Sir: — 1 herewith submit the report of the operations of ui}^ 
party on the geoo-raphical I'econnaissance of Alaska. 

*«***-::- * 

Geographical determinations depending- upon the tield computation 
of Assistant Mosman's astronomical observations are given for the 
stations occupied. 

The general coast map, not yet tinished, is compiled from the maps 
of Tebenkotf, from manuscript maps, kindly furnished me by Prince 
Maksoutotf, governor of the late Russian colonies, and from examina- 
tions of my own. 

* * -X- * -K * ^ 

* * * Under your instructions I left New York on the 11th of 
June, and as no vessel under my direction was specially assigned for 
this work, they contemplated my receiving transportation and assist- 
ance from the United States revenue cutter Lincohi, then under orders 
to proceed to Alaska upon special duty of the Treasurv Department. 
Captain William A. Howard, United States revenue cutter service, had 
the sole direction of the vessels movement in the execution of his spe- 
cial duties, and received from the honorable Secretary of the Treasury 
"instructions, in accordance with your request, to receive on board 
the Lincoln, a Coast Survey party of live officers with their instru- 
ments, equipments, and such supplies as they may consider necessary 
for the voyage, and also to render every assistance and facility in his 
power to enable them to carry out the instructions of the Coast Survey 
office." 

On the 21st of July we left San Francisco with strong head winds 
and heavy sea for thirtv-six hours, quite sufficient to change the sta- 
tionary rates of the chronometers. The sulisequent weather was 
beautiful, and as the vessels kept the coast close aboard I had a very 
favorable opportunit}- of refreshing my memory with the appearance 
of the coast and coast range, making additional descriptions for the 
directory of the Pacific coast of the United States. 



THE COAST OF ALASKA — GENERAL DESCRIPTION. 

The Pacific coast of Alaska commences at the southward, in latitude 
54^ 10', forming the north shores of Dixon sound, and sweeps in a 
long, regular curve to the northward and westward for 5.5(» miles, to 
the vicinitv of the entrance of Prince William's sound, and thence 725 
miles southward and westward to the extremity of Alaska peninsula, 
where the line of islands generally known as the Aleutian stretch 
towards the coast of Kamtschatka in a long curve, with the convexity 
to the south. 

****** * 

From Dixon's sound, in ,51- 10', to the Chilkaht, in oiu 11', the 
main land is guarded by a vast archipelago of very large islands, most 
of them having high mountains throughout, and all covered with a 



342 PAPERS RELATING TO 

dense growth of large .spruce and cedar. The dimensions of this 
assemblage of islands averages about seventy-live miles east and west, 
and two hundred and sixty-live miles north-northwest and south- 
southeast, divided b}' numerous navigable passages, one of w^hich, 
named by Vancouver Chatham straits, stretches in a strait line one 
hundred and ninety-live miles nearly north-northwest from Cape 
Ominaney, in latitude 06- lO', to the mouth of the Chilkaht, in lati- 
tude 51*-^ 14', with an average width of seven or eight miles, and 
great depth of water. * * * 



FUR-BEARING ANIMALS. 

Of the number and value of the difterent varieties of skins obtained 
from the Indians b}' the Russian American Company, it is impossible 
to form an opinion, as the very existence of their trade depended upon 
the secrecy with which it was conducted. That the company has been 
able to maintain a large establishment in persons and material is strong 
circumstantial proof of the value of the trade. The almost absurdly 
small amount of trading articles paid to the Indians for their most val- 
uable skins is so marvellously low that it would astonish those who 
have to pa}" such enormous prices for the manufactured furs in our 
large cities. The company itself must realize over a thousand per 
cent, upon the first cost of the skins, and then the Coast Indians are 
not engaged solely in hunting, but act as intertraders between the 
company's agents and the interior Indians, who are never permitted to 
visit the coast. The Hudson Bay Company has had a purchased right 
to trade in certain localities on this coast, and their traders have 
availed themselves to the uttermost to obtain the greatest possible sup- 
plies. From the mouth of the Chilkaht alone they took this year over 
twenty-three hundred martens or Hudson bay sables. 



DETAILED DESCRIl'TION OF CAPES, BAYS, HARBORS, ISLANDS, &C. 

It would be almost impossible within reasonable limits, and certainly 
beyond the labor of one person in the time allowed, to give a detailed 
description of the great numbers of known harbors and anchorages, 
rocks, islands, and points that abound in the Alexander archipelago. 
Indeed so numerous are they that many of them are yet unexplored 
or known only in general characteristics to the trader. From Icy 
strait and the mouth of the Chilkaht to the head of Puget sound this 
great lat)yrinth of waters stands unecpialled in the world for safe and 
bold inland navio'ation. * * * 



PORTLAND CANAL. 

This extensive arm of Dixon sound forms the southeastern dividing 
line l)etween British Columbia and Alaska; commences in latitude 54° 
41' according to Vancouver's map, and the entrance lies between Point 
Maskelyne, on the mainland near Fort Simpson, and Point Wales, 
upon an island lying northwest from Point Maskelyne. Vancouver 
places the latter in latitude .54- 42i', longitude 1.5(»"l5' west, (vol. 1, 
p. 327,) while the position of Point Wales from the map is in 54^41^', 



CESSION OF ALASKA TO UNITED STATES, 343 

and long-itude 150' 20'. "The entrance is not more than two and a 
half miles across, and this, at the distance of a few miles, seemed to 
be materially contracted." From the entrance the canal runs north 
35- east twenty miles, with an average width of three miles, with 
channels breaking- off to the east and west, where it receives Observa- 
tory inlet, a large branch which come about forty miles from the 
north-northeast. The noi'th point dividing the inlet from the canal 
was named by Vancouver, Point Ramsden, and placed in latitude 54^^ 
5!:>', and longitude 140- 57 V west, (pag-e 330). At first, when entering- 
upon the survey of the canal and inlet, Vancouver was "-uncertain 
which to consider the main branch." (Vol. 2, p. 330.) 



STAKEEN RIVER. 

This river is reported l)v the Russian American Telegraph Company 
to be navigable for boats for one hundred and lift}" miles, to the mouth 
of the great canon, where the river bursts through a narrow gorge 
three hundred feet deep, and said to be only seven feet across at the 
top. but wide as the present bed of the stream. 

Glaciers come down to the river in sevei-al places from the flanks of 
the mountains, but all of them come down upon the right bank of the 
.stream. 

The general course of this river is laid down on the photographic 
maps forwarded to you, and on larger maps obtained from the Russian 
American Telegraph Compan3^ 



TAKOU RIVER. 

From the northeast part of Stephen's strait an arm runs north by 
east for fifteen miles, receiving the river Takou, up which the Hudson 
Bay Company carry their supplies to the interior. 

CHILCAHT RIVER. 

North of Admiralty island the Chatham strait is usually designated 
Lynn canal, at the head of which enters Chilcaht river on the west, 
separated by Seduction tongue from a deep bay on the east. 

The astronomical station of the coast surve}^ was on the small tree- 
less islet off the mouth of Chilcaht, and Mr. Mosman found the position 
to differ from the survey of Lindenberg of the Russian American 
Company. The correction in latitude is seven miles. The field com- 
putation places the above islet in latitude 59'^ 12' 15", and longitude 
135- 25' 54", assuming the longitude of Sitka to be correct. 

The Chilkaht river has a bar at its mouth that is bare at low tide, 
and the influence of the tides is felt but a few miles above the bar. 
An Indian village of twelve large houses exists inside the bar on the 
left or eastern bank of the river. 

A sketch of Chilcaht river and approaches, showing anchorages, &c., 
is given on the Russian map No. 10, of the Pacific series. The bottom 
is a very tenacious blue mud, affording capital holding ground. 
******* 

I have 3^et a large amount of interesting information to communi- 
cate during the reduction of our observations for the determination of 



344 PAPERS RELATING TO 

geographical positions, upon the prolnibility of ishmds in the Gulf of 
Alaska and adjacent waters, currents, &c. It will, however, require 
much time and study to place it in proper shape, but will be commu- 
nicated as early as practicable. 

K ***** * 

I have not incorporated my proposed plan of opei-ations for the Coast 
Surve}" work demanded on the coast of the new territory, where new 
means and methods must be devised to insure progress with the neces- 
s'dvy precision of the Coast Survey, ])ecause, upon reflection, I have 
thought it advisable to develop it in a separate conimunication in 
detail, that would have little interest outside the organization of the 
work. 

V.ery respectfulh' and truly yours, 

George Davidson, 
Assistant United States Chast Survey. 
Prof. Ben.iamin Peirce, 

Superintendent U. S. Coast Survey., Was/iington, I). C. 



PAPERS RELATING TO AMERICAN OCCUPATION. 



THE OCCUPATION OF ALASKA BY UNITED STATES TROOPS IN 1867 
AND THEIR WITHDRAWAL FROM THAT COUNTRY IN 1877. 

Report of Adjutant- General . 

Adjutant-General's Office, 

WasJiington^ MarcJi Sl^ 1903. 

The first troops that were ordered to Alaska consisted of 275 men, 
rank and file. They proceeded there under the command of Bvt. Maj. 
Gen. J. C. Davis, colonel Twenty-third Infantry. A post was estab- 
lished at Sitka. October 29, 1867. General Davis accompanied Brig-. 
Gen. Lovell H. Rousseau, U. S. Army, who had been appointed b}" 
the President commissioner on behalf of the Government of the United 
States to receive from a similar officer appointed on behalf of the 
Imperial Government of Russia the territory ceded by that Govern- 
ment to the United States pursuant to the treaty of March 30, 1867. 
The formal transfer of the ceded territory took place at 3.30 p. m., 
October 18, 1867, at Sitka, and the militai-y, commanded by General 
Davis, took formal possession of the country, property, archives, etc. 

The only post occupied by the troops in 1867 was Sitka, but during- 
the next three years Forts Kenay, Kodiak, Tongas, and Wrangell 
were established. In the last two years of the military occupation 
Sitka and Fort Wrangell only were maintained. The troops were 
finally withdrawn from Alaska Territory on June 1-1, 1877. The rea- 
son for the withdrawal was that the protection of the Government 
property and the preservation of public peace and order could be more 
economicallv and more efficiently done by naval or revenue vessels. 

An agreement was reached between the Secretary of War and the 
Secretary of the Treasury that a revenue cutter should take the place 
of the troops on the departure of the latter from Alaska. This agree- 
ment was carried out, as shown l)v the following General Orders No. 1, 
Headquarters Military Division of the Pacific, April 23, 1877: 

34.^ 



346 PAPERS RELATING TO 

Headquarters Military Division of the Pacific 

AND Department of California, 
General Orders, i San Francisco^ Ckd.^ A}jr 11^3^1877. 

No. \. \ 

1. The following- Ls published for the information of all concerned: 

War Department, 

^Vmldngton City, April K\ 1877. 
Gen. William T. Sherman, C<>iniii(m<Jin<i U. S. Army. 

General: By'direction of the President, the United States troops 
now in g-arrison at certain posts in the Territory of Alaska will be 
withdrawn upon the arrival of the revenue cutter now fitting out under 
the control of the Treasury Department, and which is expected to 
arrive in Alaskan waters about the 15th of May. So much of the 
public property in charge of the military officers as can not be 
removed will be turned over to the captain of the revenue cutter, or 
such other official of the Treasiu'v Department as may be designated, 
of which due notice will be given you, and upon the departure of the 
troops all control of the militar}' department over affairs in Alaska 
will cease. 

The troops will be ordered to such posts in the military division of 
the Pacific as the commanding general, with your approval, may 
designate. 

Very respectfully, your obedient servant, 

George W. McCrart, 

Secretary of War. 

The first revenue cutter sent to Alaska under this agreement was 
the Richard Rush., which was subsequently followed by the Thomas 
Corichi, and later on b}" the Oliver Wolrott. 

Appended hereto are extracts from the official correspondence and 
records of this Department, relating to the operations of the military 
authorities in the Territory, and especial I3' those connected with the 
Indians on the mainland of southeastern x-Vlaska. 
Respectfully submitted. 

H. C. Corbin, 
Major- General, 
Adjutant- General ., ZJ. S. Army. 



Iitsfnirtions to Lit'ut. Col. Rohert. J^. Scott. 

Headquarters Military Division of the Pacific, 

San Francisco, Ccd., September S, 1867. 
Brevet Lieut. Col. R. N. Scott, 

L. S. Army, Aid-dt-Camp, etc. 
Colonel: After completing your inspection duties at San Juan 
Island, you will proceed to Victoria and New Westminster, and col- 
lect such information as you can obtain in regard to the tribe of 
Indians on and near the boundary between British Columbia and the 
Russian-American possessions recentlv ceded to us — their numbers, 



— AMERICAN OCCUPATION. 347 

locations, character, disposition, whettier hostile or t'riendl}^ toward 
white settlers, etc. 

As it will be for the interest of British Columbia as well as the 
United States that pacific relations should be maintained with all 
these Indians who live near the boundaries of the two (xovernments, 
it is presumed that the officers of Her Majesty in British Columbia 
will facilitate your inquiries in regard to this matter. You will 
explain to them the object of 3^our visit, and you are authorized to 
show these instructions to Governor Seymour, whom you will assure 
of our earnest desire to maintain peaceful relations with the native 
tribes in his colony, as well as in our own territory. The prosperity 
of both must depend, in a great measure, upon our securing this 
result. 

It is said that Indians living near the boundary line betw^een north- 
ern British Columbia and the ceded Russian-American possessions have 
made several hostile incursions into the settlements in British Colum- 
bia and Washington Territory, which hostile incursions might have 
been checked or prevented by proper military force in the vicinity of 
Fort Simpson or Portland Canal. To accomplish this object it may 
be necessary for the United States to establish a military post within 
their own territory, on the north side of Portland Canal. You will 
carefully inquire into this matter. 

You will also inquire respecting the character of the Indians on 
Stakeen River, and report whether, in your opinion, it is necessary or 
desirable for us to establish a military post at the mouth of that river. 
Y^ou will also report what measures the authorities of British Colum- 
bia advise, or have taken, to maintain peace between these Indians and 
the whites, with the object of a cordial cooperation on our part toward 
securing that result. 

Should you have the time and opportunity, you will extend your 
investigations to the tribal Indians who occupy the islands and coast, 
east of Sitka. It is probable that our people will attempt settlements 
here, and farther north toward Cooks Inlet, next year. Should such 
settlement of the ceded country be resisted by the Indians in our own 
territory, or in British Columbia, a serious Indian war, with numer- 
ous complications, may ensue. It is therefore desirable foi- all par- 
ties that every proper measure should be taken to anticipate and 
prevent such results. 

Very respectfull}^, your obedient servant, 

(Signed) _ H. W, Halleck, 

Major- General^ Commandmg. 

Official: 

Robert N. Scott, 
Brevet Lieutenant- Colonel and Aid-de-Camp. 



Colond Scotfs report on tJit India/i-^^ 1S67. 

Headquarters Military Division of the Pacific, 

San Francisco^ Cal. , November 12^ 1867. 

Bvt. Maj. Gen. James B. Fry, 

Adj id ant- General Military Division ( if the Pacific. 
General: In compliance with letter of instructions from Major- 
General Halleck, dated September 3, and under authority given in 



348 PAPERS RELATING TO 

your telegram of September 30, 1 have visited Victoria, New West- 
minster, and Fort Simpson, British Columbia, and, for reasons appear- 
ing hereafter, I extended my journey to the north side of Portland 
Channel — in our new territory. 

Inclosure marked "A" exhibits the numbers and location of the 
Indians on and near the l)oundary between British ColumV)ia and the 
Russian-American possessions recently ceded to the United States. 
For tills information 1 am mainly indebted to Mr. Cunningham (the 
Hudson Bay Company's agent on Naas River), whom I met at Fort 
Simpson, 

The total number of British Indians on and near the boundary may 
safely be estimated at 6,800. The American tribes on and near the 
same line number 2.000 souls. As a I'ule these Indians — bound together 
by trading interests and family connections — are friendly to each other. 
They are also generally well disposed toward the whites, whether 
"Bostons" or ''King George men." The Indians understand per- 
fectly well that it is for their interest to have competition for the furs, 
skins, tish, etc.. which they ofi'ei' for sale or barter. These articles 
command much higher prices since the Hudson Bav Company's monop- 
oly expired. The officers of that corporation complain that their busi- 
ness has been very much injured by outside traders, who are generally 
Americans, and assign as a reason that it is only from such parties 
that the Indians can buy liquor. There is nodou))t much foi'ce in this 
reasoning, but American enterprise has quite as much to do with the 
success of these traders as American whisky. 

The Kakes, Stikeens, Hydalis. Chimpsains, Tongass, Cape Fox, and 
other tribes congregate on Portland Channel and the Naas River to 
trade Avith each other and with the whites. The liquor trade being gen- 
erally carried on within what is now our boundary. 

Inclosure marked "B" exhibits the number and location of the 
Indians living on the islands east and south of Sitka, and on the main- 
land from Cape Spencer to Portland Channel. 

I do not apprehend that the Indians in British Columbia would offer 
any obstacle to the settlement by our people of the islands and main- 
land east and to the southward of Sitka. Difficulties will, however, 
in all pro))ability, arise t)etween the whites and our own Indians. 
These tribes live along the shores bf the various ba^^s, rivers, and 
inlets. To keep them in subjection will require either the interposi- 
tion of the Navy, manifested by one or more light-draft gunboats 
paying periodical visits to the various villages, and inflicting summary 
punishment when necessary, or the constant employment of an armed 
quartermaster's steamer, which could probably perform such duty 
while transporting supplies from post to post. J respectfully recom- 
mend that a show of military power be made at the earliest practicable 
moment to the Kakes, Hunnos, Chilcats, and Hoods na hoos. This 
special service might easily be performed by the Navy. 

Upon the question of establishing a military post at or near the 
mouth of Stikine River, I feel some hesitation in expressing an opinion 
— not being able by personal examination to ascertain the disposition 
or exact location on the river, of those Indians. There are a))out 
thirteen whites on the river, at a mining village called Shakesville, 
about 135 miles above the mouth; thus far the v have had no serious 
troul)le with the Indians. The river is navigable for light-draft steam- 
boats for at least 15(» miles, and for canoes much farther. It is an 



AMEKICAN OCCUPATION. 349 

important channel of trade with the Indians in the British possessions — 
through to the headwaters of the Nnas and Skeena rivers — and I have 
no doubt but that our revenue officers will have to pay particular atten- 
tion to this inlet; they might require military protection. If a military 
post should be established at any point on the river it would hasten the 
development of the country, and would certainly concentrate in its 
vicinity a large number of Indians, who would thus come under our 
immediate control. A rough tracing of the river (furnished by Capt. 
Horace Coffin) is submitted herewith. Captain Coifin reports an island 
near the mouth containing about 300 acres of level land, and plenty of 
timber and good water, which might answer for a militar}" post. He 
also recommends, as a suitable site, a point on south bank of the river 
which I have marked on his sketch with a red cross (+). 

Portland Channel is an important inlet for trade with the interior 
tribes. It is desirable, as a means for developing the country, and 
for the purpose of affording protection to our traders and revenue 
officers, as well as to preserve peace between our own and the British 
Indians, to establish a small military post on or near the channel. 
Such an establishment would also have a good moral effect upon the 
tribes living or trading for many miles around the vicinity. Impressed 
with these reasons, and in view of the importance of the trade upon 
the channel and adjacent inlets, I crossed over from Fort Simpson to 
our own territory in search of a site suitable for a military station. I 
believe the most suitable place to be Tongass Island. This island has 
an area of al)out one square mile — perhaps more. It is quite level, is 
well timbered and watered, and upon it I found several patches of soil 
suited for gardening purposes. The accompanying sketch will give a 
very accurate idea of its locality, and the various channels in the 
immediate vicinity. (Inclosure C.) 

Neukoot, alias '* Ebitt,'' chief of the Tongass, is very anxious to have 
an American trading post established on the island, and, thinking that 
we nmst be there for some such purpose, he offered a house and gar- 
den patch to Major Hoyt and myself for nothing. He says that the 
establishiuent of such a station would concentrate in the vicinity the 
('ape Foxes, the scattered members of his own tribe, and many other 
Indians, and that many Indians would go there to trade who now deal 
at Fort Simpson and on the Naas River. The island is now the prin- 
cipal entrepot for the whisky and other contraband trade with^ the 
Indians on and near the channel. We found there a large shed filled 
with w^hisky barrels awaiting the arrival of an American whisky 
schooner. If a military post is to be established on this island it would 
be well to have it declared a military reservation without delay. 
Traders might be allowed to reside upon it "during good behavior." 

For the information embodied in inclosures A and B, I am indebted 
to Mr. W. F. Tohnie, Capt. John Swanson, and Mr. Cunningham, of 
the Hudson Bay Company, and to Capt. Horace Coffin, who was for 
many years a trader among the northern Indians, and who lately com- 
manded a steamer in the service of the Russian-American Telegraph 
Compan3^ 

I did not gain much practicable information from Governor Sey- 
mour in reference to the measures advised or taken by the British 
authorities to maintain peace between the Indians and the whites. In 
fact, his letter (Inclosure D) embodies the substance of his remarks 
durino- the two interviews which I had with him. Mv interviews with 



350 PAPERS RELATING -TO 

Dr. Tohniewere much more satisl'actor}^ and he has promised an earl}- 
answer to my note, copy of which is inclosed, marked ''E." His 
opinions are entitled to great consideration from the fact that he has 
spent a long- life among savage tribes, and has been for many years an 
ej'ewitness of the results of the policy pursued bv our own Goyern- 
ment toward the Indians in Oregon and Washington Territory. 

Stress of ^^eather preyented my visiting the trading and mission- 
ary estal)lishment at ]\Iet-la-kaht-la, as advised hy Governor Seymour, 
but I wrote to Mr. Duncan from Bella Bella, and hope to receive an 
answer within a month. (Inclosure F.) 

From such information as 1 haA^e been able to obtain I have no hesi- 
tation in attributing the great success attendant, for so many years, 
upon the Indian policy of the Hudson Bay Company and Her Majesty's 
colonial officers to the following facts: 

The savages are treated justly, receiving protection in life and prop- 
erty from the laws which they are forced to obey. 

There is no Indian ])ureau with attendant complications. 

There is no pretended recognition of the Indian's title in fee simple 
to the lands on which he rounds for tish and game. 

Intoxicating licjuors were not introduced among those people so long 
as the Hudson Bay Company possessed the monopoly of trade. 

Prompt punishment follows the perpetration of crime, and from 
time to time the presence of a gunboat serves to remind the savages 
along the coast of the power of their masters. 

Not more than two years ago the Fort Kupert Indians were severely 
punished for refusing to deliver certain animals demanded by the civil 
magistrate. Their village was bombarded and completely destroyed 
by H. B. M. gunboat t/w. 

As the result of such policy w^e find trading posts — well stocked with 
everything tempting to savage cupidity — safely conducted b}^ one or 
two whites, among distant and powerful tribes. There is not a regu- 
lar soldier in all British Coliunbia (excepting marines on shipboard and 
at Esquimalt), and yet white men travel through the length and 
breadth of that province in almost absolute security: yet the total 
number of Indians in the colony is estimated at -1:0,000, and there are 
not more than 8,0(»(» whites. 

Dr. Tohnie informed me that Captain Howard, of our revenue serv- 
ice, had stated in Victoria that no one would be allowed to sell arms 
or ammunition to the Indians in our territory. This policy, provided 
it could be carried out. would simply deprive these people of the means 
of gaining a livelihood. They must have guns, not only to get food 
but to secure the furs, skins, etc., of the Northwest trade. But these 
Indians will get arms and ammunition. If our own traders are pro- 
hibited from furnishing them, they can and will get them from British 
Columbia ; and in this event they would naturally look upon the 
British as their best friends. The consequences of such a state of 
feeling as affecting our trade and intercourse with them may readily 
be imagined. 

Inasnuich as most of our trading intercourse with Alaska will be by 
small vessels running through what is called the " Inside Passage" — 
along coast of British Columbia — I deemed it advisable to collect such 
information as could l)e o])tained in reference to Indians living on and 
near that route. (See inclosure G.) 



AMEEICAN OCCUPATION. 351 

For convenient reference, I submit herewith a copy of the letter 
of instructions received from Major-General Halleck. (Inclosure H.) 
Ver}^ respectfully, 3'our obedient servant, 

Robert N. Scott, 
Brevet Lieutenant- C<>Jo)itl and Aid-de-Camp. 

Schedule A. 

Indians liriiig on and near (he houndanj hetireen Britixh (hlninliia and the 
Russian- American territory recently ceded to tJie United States. a 

Living on Chinipsain Peninsula. Tlieir principal village is at Fort chimpsains. 
Simpson, where a Hudson Bay jiost (the largest on the coast) has 
been located for some thirty years. There are alxmt nine hundred 
(900) Indians at this point, living in large, strongly built lodges. About (l, 500) 
six hundred of this tribe are at Met-la-kaht-la, a missionary and trad- 
ing village, about fifteen miles to the S(juth\vard of Fort Simpson, on 
Chatham Sound. Fort Simpson is a large stockade fort, armed with 
eight four-pdr. iron guns, but there are now but three or four whites 
at that station. 

Naas River empties into Portland Channel at about 55° north lati- .^"'i^s River In- 
tude and about thirty miles to the northward and eastward of Fort ''"^^' 
Simpson. 

Mr. Cunningham (the Naas River trader for H. B. Co.) was at Fort 
Simpson while I was there, and kindly furnished such information as 
I possess in reference to tribes on that and the Skeena River. He 
estimates the total nund^er of Naas Indians at two thousand. (2,000.) 

The Kakes, Foxes, Hydahs, Tongass, and Stikeens trade on the Naas 
for Oulicoon oil and other articles. The Naas Indians go into Portland 
Channel, near its head, to catch salmon, which are said to be very 
abundant. 

There is a tribe of about two hundred souls now living on a west- 
erly branch of the Naas, near Stikeen River. They are called "Lack- 
weips," and formerly lived on Portland Channel. They moved away 
in consequence of an unsuccessful war with the Naas, and now trade 
exclusively with the Stikeens. The H. B. Co. is making strong efforts 
to reconcile this feud, in order to receive their trade.'' 

Skeena River empties into Port Essington about thirty-five miles Skeena River 
below Portland Channel. Its source is not far from the headwaters of ^ '^"^" 
the Naas. The total nund.ier of Indians on the river and its tributaries 
is reliably estimated at twenty-four hundred, viz: (2,400.) 

Kits-alas 400 

Kits-win-gahs 300 

Kits-i-guchs 300 

Kits-pay-ucks 400 

Ha-gul-gets 500 

Kits-a-gas 500 

Kits-wMn-scolds 400 

The last named tribe lives between the Naas and Skeena. They 
are represented as a very superior race, industrious, sober, cleanly, and 
peaceable. 

Living on the island in Ogden's Channel, about sixty miles below Kithatels. 
Fort Simpson. They number aVwut three hundred persons, and are '•^^■^ 
not considered very trustworthy. These people trade at ^Nletlakahtla. 

This name is given to the Indians on the northern shores of Queen Hydahs. 
Charlottes Island and t(_i all of our Indians on Prince of Wales Island, 
except the "Hennegas" and "Chatsinahs." 

«I embrace under this heading all Indians who are within easy 
accesp to Portland Channel, coming there to trade, etc., or within an 
area of 60 miles north and south of that inlet. 

^ I include them in estimate of Naas River Indians. 



352 



PAPERS KELATING TO 



Tongass. 



B600. The British Indians livino; along the shore from Virago Sonnd to 

A GOO. Xorth Point and Caj^e Knox nnnil>er aljout three hundred. Those at 

Massetts Harlior are also estimated at three hundred. 

The American Hydahs are called Ky-ganneis or " Kliavakans." 
They number about six hundred souls, and are scattered along the 
shore from Cordova to Tonock Bay. Quite a number of the men from 
these tribes are employed about Victoria, and in the sawmills on 
Puget Sound. A few years ago some of the British Hydahs captured 
the schooner "Blue Wing," of Seattle, W. T., and murdered all of 
the crew and passengers — five or six persons. 

Not many years ago this was a war-like and numerous tribe. It now 
numbers not more than two hundred souls. They hunt, fish, and 
trade among the islands and on tlie northern shores of Portland 
Channel. Their principal village is on Tongass Island, to which ref- 
erence is made elsewhere in this report. There is said to be a small 
settlement of these people on Cape Northumberland, numbering about 
fifty persons. 
Cape Fox In- A small tribe is living on Cape Fox, about fifteen miles from Port- 
land Channel, about one hundred and fifty in all. The Hudson Bay 
Co.'s people consider these Indians as belonging to the "Tongass," but 
as they are repudiated by the old Tongass chief, I have reported them 
separately. 

There are now about one thousand of these people. Five or six 
hundred of them live on the Stikeen River, and the remainder are 
scattered along the coast from Point Highfield to Port Steward. This 
tribe is fast disa|3pearing. Ten years ago they numbered over fifteen 
hundred souls. I can not say how many of the river Stikeens are in 
our territory. Captain Coffin reports, however, that there is a Rus- 
sian boundary monument on that river, about one hundred and 
thirty-five miles from its mouth, marking a point ten marine leagues 
from the coast. If he is correct as to the nature of this monument, 
most of these Indians are within our boundary. 

The Stikeen tongue is spoken all the way from Portland Channel to 
Kays Island (mouth of Copper River). 

Schedule B. 

Indians on the islrnirlf east and south of Sitka, and on the mainland from 
Cape Spencer to Portland Channel/' tribes enumerated in Schedule A being 
omitted in this statement. 

PRINXE OF WALES ISLANDS. 



diaus. 

(150. 



Stikeens. 
(1,000.) 



Hennegas 

(500.). 

Chatsians. 

(500.) 



Living at Cape Pole, opposite Warren's Island. They number about 
five hundred persons, and are said to be very peaceable. 

On the northerly end of the island and on west side of Clarence 
Straits. A peaceable tribe, numbering about five hundred i^ersons. 



Kl'PRIANOFF ISLAND. 

Kakes. This name is given on the Russian charts as " Kekous," but I adopt 

the name by which they have been known for years by American and 
British traders. 

Their village ison the northwestern side of the island, near the head of 
Prince Fredericks Sound. They number about eight hundred souls. 
In former years they gave us a great deal of annoyance in Puget Sound. 
In 1857 some of this tribe murdere<l the collector of customs at Port 
Townsend, W. T., and it is said that they are very much excited at 
the report that they are coming under the "Bostons," apprehending 
punishment for their various crimes. I am also informed that this 
tribe has always given trouble to the Russians. 

There is a branch of this tribe on Cape Farlshan, or Farnshaw, at 
the mouth of Stephen's Passage, and opposite the northeastern end of 
the island. They number about two hundred. 



« Captain Swanson estimates one-third of these Indians as "fighting 
men," but this estimate seems too large, even in view of the fact that 
the proportion of children is much smaller than among the whites. 



AMERICAN OCCUPATION. 353 

ADMIRALTY ISLAND. 

On Hoods Bay, opposite ro>inil)sni Straits. About eight liundred Koidxnous. 
people in all. Have a l)a(l reputation among traders. (800.) 

This tribe is scattered along Douglass Channel, on Douglass Island, Awks. 
and on the mainland from Lynn Canal to Taco Inlet. The whole (700.) 

number is about seven hundi-ed. As compared with other Indians 
they are poor. The British traders give them a fair reputation, but 
our own people call them bad. 

TCHITCHAGOFF ISLAND. 

On the northern end of tlie island is a tri))e of about one hundred Port Frederick, 
and iifty persons. I could not learn their tribal name or anything as (150.) 

to their disposition. 

INDIANS ON THE MAINLAND. 

Scattered along from Cape Spenger to Point Converden. They H u n n o s or 
number about one thousand in all. These peoi)le are celebrated as ^"^'ooq^^'^' 
sea-otter and seal hunters. Capt. Swansoii says they have no reason 
for animosity toward Americans. I learned from (Japtain (Coffin, 
however, that they are dangerous customers, and that on one occa- 
sion they captured a vessel belonging to the Hudson Bay Comi^any. 

At the head of Lynn Canal and mouth of Chilcah River, number at C'liieahs. 
least twelve hundred souls. They are proud and independent in (l.-OO.) 
manner, and are said to cherish peculiar hatred to Americans. About 
seventy of their forefathers were killed some sixty years ago by the 
crew of an American brig, and a desire for revenge is still (-herished 
by them. Small parties of Americans should be very cautious in 
dealing with these Indians. 

At the head of Chatham Straits, number about seven hundred. Some Hoodsna-hoos. 
of their jaeople have also been killed by American sailors, and Captain ^ ' 

Swanson says they will seek revenge. 

Living about Port Durham and head of Taco Inlet, number about Tacos. 
three hundred, and are rejiresented as "rit-h and saucy." (300 ) 

There are about one hundred and fifty of these people living in Port sundowns. 
Houghton. Character, very doubtful. ^^°^-^ 

About two hundred of this tribe are living on the mainland, behind Kyack.s. 
Kay's Island. Character, doubtful. (-^'^•' 

general davis's instructions. 

Headc^uarters Military Division of the Pacific, 

San Francisco, (Jal.^ September 6, 1867. 
Bvt. Maj. Gen. J. C. Davis, 

Present. 
General; 1. You have been appointed commander of the military 
district of Alaska which includes all of the Russian-American territory 
ceded to the United States by the treaty of March 30, 1867. You will, 
therefore, assume connnand of the two companies designated, in Spe- 
cial Orders, No. 141, current series, from these headquarters, for the 
garrison of Sitka, as soon as the same are ready to embark on the 
transport chartered for that purpose, 

******* 

17. In regard to the aboriginal and uncivilized tribes of your dis- 
trict, you will, in the absence of any organized civil territorial govern- 
ment, and so far as our laws authorize or permit, act as their general 
superintendent, protecting them from abuse, and regulating their 
trade and intercourse with our own people. Military officers have no 
authority to make Indian treaties. You will, therefore, enter into no 

21528—03 30 



t-554 PAPERS RELATING TO 

negotiations of that kind, or attempt to l)ind our Government to any 
contracts or agreements, without special authority, and under special 
instructions. 

IS. In regard to the tribal and uncivilized Indians on Barranoff 
Island and the adjacent islands and coast, you will exercise the most 
careful vigilance, as these natives are known to be both warlike and 
treacherous. You will consult with the Russian governor and other 
officers in regard to regulating their intercourse with the post and 
settlement of Sitka, and you will strictly enforce, both with regard to 
the whites and the natives, such regulations as you may deem neces- 
sary to adopt with regard to these Indians and their intercourse with 
our people. 

♦ *****« 

VeiT respectfully, your obedient servant, 

H. W. Halleck, 

Major- General^ Covimandi'ng. 



reports from general davis. 

Headquarters Department of Alaska, 

Slthi, Alaska, Maij ^7, 1868. 
Bvt. Maj. Gen. J. B. Fry, 

Assistant Adjutant- General, Military Diiu'.sion Pacific. 
General: 

******* 

The Indians from all parts of the department, as far as I have been 
able to learn, seem to l)e quiet and disposed to be friendly. I have 
not been able to visit any of the tri])es for want of transportation. 
Chiefs from many of the tribes have been here to see me and express 
themselves very anxious to have me visit them ''with a l)ig ship.'' I 
jDromised them to do so as soon as possible. 

The Chilcot chiefs from Chatham Straits visited here about two 
weeks ago, and made many apologies for their past conduct toward 
the whites. They insisted on my coming to see them, in order that 
they might convince me of their sincere desire to cultivate friendly 
relations. To my proposition to establish a post of troops among 
them, however, they hesitated for some time, l)ut finally told me they 
would consult with their people and return to see me in one moon and 
a half. This visit I shall expect in a))out one month from this time. 
The Chilcots are the most formidable and hostile Indians, pro])ably, in 
Alaska. They carry on trade with the tribes living on the Upper 
Yukon, and are reported to l)e very wealthy Indians. They have thus 
far persistently resisted all attempts of the whites to locate among 
them. 1 can learn of no expeditions having been made up the Chilcot 
River l)y the whites, yet it is the most direct, and I think the most 
practicable^, route to the Yukon. Should the other company of the 
Ninth Infantry, alluded to in a former connnunication from division 
head(|uarters as likely to be ordered to this department. l)e sent. I 
would reconuncnd that it and one of the companies at this place be 
sent to Lynn Ciiannel and a post established there. 

TheTaku chiefs have been here recently, and express a desire to trade 



AMERICAN OCCUPATION. 355 

and cultivate peaceful relations with us. Also a Stikeen chief visited 
us a few days ag-o — since the arrival of the troops near his village — 
and ei;pressed himself satistied with their presence among them. The 
principal obiect of his visit here was to make peace with the Sitkas, 
wnth whom he and his tribe have been, for many years, at war. 

He sought my friendly intercession, l)ut the Sitkas were implacable, 
and he left without having accomplished his object. 

* -X- -X- * * * * 

I am, verv respectfully, your obedient servant, 

Jef. C. Davis, 

_ Brevet 3Iaj or- General., Commanding. 



Headquarters Department of Alaska, 

SHl-a, Aug list 3, 1868. 
General: 

* * * * • * * * 

At Kontznon we learned that a trading vessel had been wrecked in 
Lynn Channel and that the crew were in distress. We proceeded in 
.search aiid found them as reported, wrecked, but the crew were all 
safe. After relieving this party we proceeded to the mouth of the Chil- 
cot River. Most of the principal chiefs were absent high up the river 
catching salmon, but 1 had a very satisfactory interview with a num- 
ber of the subchiefs and other members of the tribe. The}' are now 
very friendly disposed toward us and seem quite earnest in their 
desire to have us come among them and trade with them. 

I believe that by next spring I could make arrangements, if author- 
ized to incur the expense, with the Chilkats to send an exploring party 
up that river to the Yukon and even down it with perfect safety. 
This country has never to my knowledge been explored. A discharged 
soldier from this command is now with these tribes some distance up 
the Chilkat River; while up there I made inquiries for him and I was 
assured of his safety. He is an old miner and the Indians induced him 
to go with them into their countr}' and prospect it. They assured me 
that they would return him here all safe. 

******* 

I am, very respectfully, vour obedient servant, 

Jef. C. Davis, 
Brevet Major- General, L 'orivmand'ing. 
Bvt. Maj. Gen^ J. B. Fry, 

Chief of Staff Headqu arte rf< Military Divi.^ion Pacific, 

San Francixco.^ Cal. 



Headquarters Department of Alaska, 

Sithi, Alaska, Decemher 21, 1868. 
Bvt. Maj. Gen. Jas. B. Fry, 

Assistant Adjutant- General ^Witary Division Pacific, 

San Francisco. 
* ***** s 

Indian chiefs from most of the adjacent islands, as well as the Chilkat 
and Taku on the mainland, have been here on trading expeditions 



356 PAPERS RELATING TO 

recently, and all seem to be well disposed toward iis; they express 
themselves as well satisfied with the treatment they receive from us. 

* * -^ W w * * 

I am, very respectfully, your o1)edient servant, 

Jef. C. Davis. 

JBi'evet 2I((jor- General^ ConiiiKOtdhig. 



Headquarters Department of Alaska, 

Slt/i'a, AJ<()<la^ January J, 1S69. 
Bvt. Maj. Gen. Jas. B. Fry, 

Assista7it Adjutant- General Military Division of Pacific. 
****** * 

The principal chief of the Chilcots has been here for some weeks 
past with a party on a trading- visit. Ho is a very haughty and impe- 
rious man, and has been accustomed to having- things his own way, 
heretofore, w^herever he went, both among the whites and Indians. 
This is his second visit here, during both of which he has been treated 
with kindness and consideration; but this kind of treatment he seems 
to have evidently misconstrued into fear or timidity on our part, and 
became more impertinent from day to day until New Year's day, when 
he and a couple of other minor chiefs undertook to disarm the senti- 
nel at the main entrance into the Indian village. They succeeded in 
wresting the musket from the guard and made otf into the village. 
* * * I confined him and his principal confederates in the ati'air in 
the guardhouse, where they still remain. 

Cholckeka is known as the most powerful and vindictive chief on 
the coast here. Knowing his history and power, I have watched him 
and treated him accordingly. I think I have got him in the right 
place, and will endeavor to bring- him to a proper understanding- of 
the authority of the United States. 

***** * * 

I am, \'QV\ respectfully, your obedient servant, 

Jef C. Davis, 

Brevet Major-GeneraU Commanding. 



Headquarters Department of Alaska, 

Sit/ia, xllasht, January 10, 1869. 
Gen. Jas. B. Fry, 

Assistant Ad j utant- General Military Division Pacific. 
Dear Sir: 

Xr ***** * 

* * * I had an interview with the Chilkat chief to-day, and am 
pretty well satistied that he has repented of his hasty attempt at war. 
I shall release him soon on good assurances of his peaceful intentions 
for the future. 

The Saginaw will leave for a cruise in Chatham Straits on Wednes- 
day next, and if necessary will pay the Chilkat country a visit — I may 
g-o on her myself. Everything is quiet and prospering. 
I am, very respectfully, your obedient servant, 

Jef. C, Davis, 
Brevet Major- General., Commanding. 



american occupation. '"557 

Headouakteks Department oe Aeaska, 

Sitbf, Aldsh,^ OdoJn'V^o, 1S69. 
Bvt. Maj. Gen. ^^^ D. Whipple. 

Assistant Adji(t(int-G())<'r<il JI!J!t<tnj Dtvislon Pacific, 

San Francisco^ Cal. 
^ % ***** 

The Rev. Vincent Colyer, a special conimi.ssioner on Indian affairs, 
is now making an extended visit among- the Indians in this department, 
and judg-iiio- \^\ the energetic manner in whicli he is executing his mis- 
sion he will he able to report much valual)le information to the Gov- 
ernment concerning them. 

* * * * * * * 

I am, very respectfully, your obedient servant, 

Jef. C. Davis, 

Bi'fVft Major- General, Commanding. 



Headquartees United States Forces, 

Territory of Aha^ht. A ugmt W, 1870 

{late Department of Alasl'a). 
Sir: 
* * * * * * * 

Within the past few months I have visited in person most of the 
tribes living on the islands forming the Alexandrian Archipelago, as 
well as the mainland east and north of them, from Fort Tongas to the 
Taku and Chilcat rivers. 1 have also visited those in Cooks Inlet, 
island of Kadiak, and several of the Aleutian Ishinds. including St. 
Paul and St. George, in Bering Sea. With the exception of the two 
last named (which will be more fully reported upon in detail here- 
after), I found a very satisfactory state of affairs existing among the 
nations. ■'■ * * 

I am glad to lie able to report a very decided decrease in the liquor- 
snmggling l)usiness during the past year. This is owing to increased 
vigilance on the part of the (Tovernment otticers, both revenue and 
military, and the increased restrictions imposed upon the shipment of 
it into the Territory by the Government. The collector of customs 
at Sitka has been ver}' energetic and successful in his efforts to sup- 
press this traffic. 

The United States sloop of war Cyane still lies at anchor in the har- 
bor of Sitka. Being a sail vessel, she is perfectly useless for the 
service she was sent here to perform. She can not cruise in our 
inland waters where the Indians live. She has a very intelligent and 
accomplished complement of young officers, who I know would like 
to ])e more actively and usefully engaged if they had a suitable ship. 
Their service here in this vessel is a species of exilement, without 
much advantage to the Government or themselves. 

I desire here to allude to the valuable services rendered by the 
revenue cutters when in these waters, both in suppressing illicit trade 
and in cooperating with the military in looking after the Indians 



358 PAPERS RELATING TO 

whenever called upon ])}' nie. On several occasions the cutter Lincoln 
rendered valuable and prompt service. 

******* 

I am, very respectfully, your obedient servant, 

Jeff. C. Davis, 

Colonel Tweniy-tlurd Infantry^ Commanding. 

Assistant Adjutant-General, 

Headquartei's Department of the Cohunhia^ Portland., Oreg. 



Report of 2faj. Gen. George 11. Thomas. 

Headquarters Military Division of the Pacific, 

San Francisco., Cal., Septendiei' 27 ., 1869. 
General: 

******* 

After touching at Victoria, Vancouvers Island, for coal, I proceeded 
direct to Alaska; reached Fort Tong-ass July IS. This post is on one 
of the small islands of the Tongass group, at the southern end of 
Alaska Archipelago, and is occupied by one company of artillerv. 
As it has been useful in checking illicit trade with the Tongass, Cape 
Fox. and other Indians, and is on the boundary between Alaska and 
British Columba, I ha^'e not thought it wise to discontinue it at pres- 
ent. Arrived at Fort Wrangell the night of the ll>th of July; it is on 
Wrangell Island, near the mouth of Stakeon River, which is one of 
the channels of conununication of the Hudson Bay Company to their 
post in British Columbia, east of Alaska. I did not disturl) this post 
for the same reasons that governed me at Tongass. Both these posts 
serve also to protect the customs oflicers stationed at them. 

Arrived at Sitka Julv 22. This is the headquarters of the depart- 
ment, and was the headquarters of the Russian-American Fur Com- 
pany. There are still a number of Russians and half-breeds in the 
town, and a large village of Indians innnediately outside of the stock- 
ade. Tlu> Indians are treacherous, warlike, and, until recently, discon- 
tented with the change of governments. It will be necessary to main- 
tain a large garrison at this place to protect the traders from the 
Indians and preserve order and good behavior among the whites and 
half-breeds. In January last a partv of Kake Indians attempted to 
leave Sitka in violation of orders; in resisting the attempt one of the 
Indians was killed l)y a sentinel. After thev were permitted to return 
to- their homes they killed, in revenge for the loss of their companion, 
two white men who had left Sitka in Deceml)er on a trading expedi- 
tion in Chatham Straits. Upon hearing of these murders General 
Davis })roceeded in the United States steamer Sagln((ir to punish them; 
upon his arrival at their village, finding it deserted, it was destroyed. 
He did not succeed in tinding any of the nuirderers. Since then this 
tribe has been very quiet. 

In my personal interview with General Davis I l)ecame satisfied his 
course was right and necessarv in that instance. I will here mention 
that on my return from the northwest to Sitka, General Davis reported 
that during my absence he had visited Forts Tongass and \\'rangell on 
the reveiuie-cutter Lincoln, and that while in Tongass a white trader 
complained that he had l)een roblx^d by Cape Fox Indians. He went 



AMERICAN OCCUPATION. 359 

to the villaoe, and upon investigation found the statement substantially 
correct. He then demanded the robbers of the chief, who excused 
himself for not deliverino- them because they were absent tishing. He 
arrested the chief and medicine man of the tribe, and took them to 
Sitka as hostages for the delivery of the robbers, telling- the chiefs 
wife and subchief that he would hold them until the robbers were 
given up. The result of this prompt action was the deb very of the 
robbers to the commanding- officer at Tongass. They will be punished 
by continement and work at Fort Tongass, as a warning to the tribe, 
and the chief and the medicine man released and returned to the vil- 
lage. This, I presume, has been done by this time. * * * 
I am, general, very respectfully, your obedient servant. 

George H. Thomas, 
Major -General., U. S. Arniy^ Conunandimj. 
Bvt, ]\Iaj. Gen. E. D. Tow^nsend, 

Ad)ntant-G( ih ral U. S. Arnnj. 



Sir: 



General Iloicard's tour In Alashu 

Headquarters Department of the Columbia, 

Portland., Oreg., June 30., 1875. 



By 2.30 p. m., Tuesday, Juno 8, we were at anchor near Fort 
Wrangell. I first made a thorough inspection of the detachment and 
post. Lieut. John A. Lundeen, Fourth Artillery, is in command. 
He had with him Lieut. M. M. Macomb, Fourth Artillery, and 12 
enlisted men. The stockade and buildings appeared in a fair state of 
preservation, and the condition and discipline of the conmiand good. 
The garrison being small, he rents and occupies only a part of the 
stockade inclosurc, so that he is necessarily more or less exposed to 
annoyance from people who are not connected with the Army. He 
reports successful attempts to manufacture strong drinks for sale to 
Indians and others nearby, which, as yet, he has not had the facilities 
to reach and hinder. 1 authorized him to employ a canoe for this 
work, when the distance rendered it practicable. 

Major Campbell's vigorous administration has already had an evi- 
dent etiect in this part of Alaska to check and almost prevent the 
illegal traffic in spirituous liquors. As soon as the inspection was over^ 
the Indians from the "ranches" (as their long rows of houses in 
plain sight are called) came with dejected looks to interview me. 
They fortunately had a prime interpreter in Mr. Alexander Cho- 
quette, who speaks English and the Stickeen (Thlinket tongue) with 
equal readiness. The complaint was that we had taken away their 
chief, Fernandeste, by force; that our people (the accused prisoners, 
no doubt) had so frightened him as to the consequences of his deten- 
tion and journey to Portland, that in terror he took his life; that his 
immediate relations win-e worried almost to madness by the sneers 
and gibes of other Indians, who said they were cowards because they 
did not have their "• revenge'' or ''settlement." 

1 learned that under the influence of this passion and drink an. 
attempt had been made more than once to kill a white man. and that 



SQO PAPERS RELATING TO 

the promise of a " .settlement " l)y me was what the Indians rested in. 
Now that I had come, they thought I would make it all right. They 
made several urgent requests, but finally settled on the condition of a 
"potlatch'' of 100 blankets and the dead body of Fernandeste. 
Having already obtained the permission of the Secretar}^ of War for 
the issue of blankets, and having the body of Fernandeste with us (it 
having been disinterred at Astoria and put on board), I deemed it the 
wisest plan to yield to their fervent entreaty, and gave the blankets 
and body. The whole appearance of the Stickeens changed. That 
night they gave us a characteristic dance of satisfaction, depicting in 
their rude way the departure, the suicide, and return of Fernandeste, 
-our visit, and the settlement. 

EXrP:DITION UP THE STICKEEN — CUSTOM-HOUSE — ITS LOCATION — 
BOUNDARY LINE IN DOUBT — GLACIERS, ETC. 

The next day, by the courtesy of Captain Irving, the owner of the 
small river steamer of Glenora, having arranged to pay merely the extra 
expense of fuel, 1 took our party up the Stickeen River as far as the 
])oundarv between our territory and British Columbia. No building 
is yet erected for the custom house. The place for the English cus- 
tom-house officers*' tents is supposed to be selected within the British 
line. Some of our shrewd frontiersmen say that it is not 10 marine 
leagues from the sea, as it should be, there being reallv doubt as to the 
summit of the coast range of mountains. I took a copy of the state- 
ment of the boundary line as publislied in an English journal. (See 
paper attached, marked '^A.'') It seems now to an observer of little 
consequence among these rough mountains where the exact line of 
division really is; but remembering the trouble the settlement of the 
channel question gave us at Vancouver Island, I deem it of sufficient 
importance to recommend that the attention of the proper department 
be called to the existing doubt not plainly settled by the treaty, that 
the line may be detinitely fixed. 

* * * * * * * 

A^'ednesday, the 16th, at daylight, we are anchored at the mouth of the 
Chilcat River. The strong, cold wind lashes up the waves and every- 
thing appears wild and dreary. The Indians (Chilcats) are paddling 
around the steamer. They appear thin in Hesh, but v^ery tough and 
hardy; not so well clad as those at Sitka. In other respects, in lan- 
guage, size, and features, like them. Here Sitka-Jack, of whom I 
have spoken, with his canoe thoroughly manned with paddles and 
carrying a United States Hag in the stern, comes up to us in style, and 
he is welcomed on board the CdUfornia. He pilots our rowl>oat over 
the Hats to the small Indian village 4 miles up the river; tells us that 
the main Chilcat ranches are some 16 or IS miles farther up. The 
village we visit is under the shelter of an immense mountain. It is so 
similar to the Koitznous that I will not further notice it. 

« « « « » « « 

Very respectfully, your obedient servant, 

O. O. Howard, 
Brigadier- Geitend^ Connnanding. 
Assistant Adjutant-General, 

Headquarters Miliiani Division of the Pacific^ 

San Francisco^ California. 



amp:rtcan occupation. 361 

operations of the navy. 

Acting Sccretar)/ of tJic Kavy to the Secretary of State. 

Navy Depaktmext, 
Washington, April 6, 1903. 

Sir: In response to yonr request 1 send yon herewith extracts from 
the otEcial correspondence and other records of this Department rela- 
tive to the operations of naval officials and vessels of the United States 
in the Territory of Alaska since the acquisition of that Territory from 
Kussia, and more particularly having- reference to their operations in 
the inlets of the mainland in southeastern Alaska. 

From 1868 up to 180<) vessels of the United States Navy have been 
kept in that Territory almost continuously. It will be seen from the 
records herewith attached that the instructions from this Department 
to the naval commanders were that they should study the situation of 
attairs in that Territory; look out for the interests of the residents, 
and atiord them needed protection; use their utmost endeavors to 
maintain harmonious relations between the white settlers and the 
native Indians, and control and maintain order among- the latter; aid 
the civil authorities, when established, in enforcing the laws, and 
make surveys of the harbors, inlets, rivers, and other waters as the 
nature of the service would allow. 

In execution of these instructions it will be seen that the naval offi- 
cials visited the inlets and the rivers of the maiidand in the region 
mentioned, and that they were especially frequent in their visits to 
the mouth of the Stikine River, to Taku Inlet and River. Lynn Canal, 
the inlets at the head of that canal, and the streams emptying into 
those inlets. During their visits thev exercised authority on the 
mainland in promoting friendly relations l)etween the whites and 
Indians, in preventing wars between the tribes and restoring ]3eace 
among them, in restraining illicit traffic, and in acting as guards to 
the civil authorities in serving process and making arrests. In these 
services they frequently dispatched armed parties up the Chilcoot and 
Chilcat rivers and to the mountain passes bej'ond the head of the inlets 
of Lynn Canal. 

For some years it was the practice to have the naval vessels stationed 
in Lynn Canal for the preservation of order, as indicated by the 
vessels' logs inclosed, during which time they also maintained stations 
on shore for practice, and made surveys of the inlets and rivers. 

For further details as to operations of the Navy in the localities in 
question, I append hereto letters from such surviving officers as have 
served in Alaska who could be conveniently reached. 
Very respectfully, 

Chas. H. Darling, 

^1 et in g Sea vtary. 
The honorable the Secretary of State. 



362 PAPERS RELATIT^G TO 

U. S. S. Saginaw (fourth rate), 

Sifk<(^ Januai'y 7, 1869. 
Rear- Admiral T. T. Ckavex, 

Lo/itii(and!)i</ jYorf/t Pacific Squadron. 
Sir: Since \w\ last letter I have the following to report: 
On New Year's nig-ht a difticulty took place on shore between the 
guard and some Chilcat Indians headed by their chief. One soldier 
and two Indians were dangerously wounded. 

* - «• % * * * * 

The next dav the Chilcat chief was captured and is in the guard- 
house. 

* * * * * • * * 

I think there will be no further trouble unless General Davis releases 
the Chilcat chief, when I look for trouble with that tribe. Their vil- 
lages are remote from the sea, and men-of-war can not get near enough 
to shell them. The tribes are the most numerous and warlike in this 
region and their chief is a person of great intluence over them. 

* * * -x- * * * 

Richard W. Meade, Jr., 

Coaimancling. 



V. S. S. Saginaw (fourth rate), 

Sitl-a. AIash(. Frhruanj 1, 1869. 
Rear-Admiral T. T. Craven, V. S. Xavy^ 

Voiamandincj North Pacific Squadron. 

Sir: I left this port on the 13th of last month, for a cruise to the 
northward, and returned here yesterday, having visited the following- 
places: Souloy Bay in Peril Straits. Koteosok Harbor* on Admiralty 
Island, ]\litcheirs Bay * in Kootznaboo Archipelago, Freshwater Bay 
on Tschitchagotf Island. William Henry Bay in Lynn Channel and 
Pyramid Hart^or* at the mouth of th; Schillcat River. The position 
of the last-named place is lat. 59^ 15' N., long. 135^ 34' W., and it is 
the head of navigation for vessels drawing over 10 feet water. I 
found the natives friendly. The harbors marked with an asterisk ("") 
were named during the cruise. The charts of this region are very 
imperfect, and numerous points, bays and islands are without desig- 
nation. In fact the country is practically unexplored. 

1 caused plans of all the above places to be made (except Soidoy 
Bay. where we merely anchored for the night) and will send tracings 
and sailing directions to you by the first opportunity. 

■X- * * * * * * 



Very respectfully. 



Richard W. Meade, Jr., 

CoiitiKandiny U. S. S. Saginav. 



No. 31.] Flagship Saranac, off Chilcat ^'ILLAGE, 

Headwaters of the Inland Navigation, Alaska, 

July 31, 1873. 
Sir: I have the honor to inform the Department of our departure 
from Esquimault. British Columbia, on the 16th instant, and of our 
arrival here on the 3Uth. 



AMEKICAN OCCUPATION. 3(l3 

I have availed myself of every opportuiiit}^ en i-oiite, to have a 
friendly talk with the Alaska Indians, several of whom, with their 
chiefs, have visited the ship, and appeared to be impressed with the 
importance of l)eino- on good terms with us." 

The fact that our vessels of war can reach many of their principal 
villages and fisheries, and interrupt trading by water, their onl}^ means 
of communication, has doubtless had its etiect. 

It is desira))le that these waters should be visited more frequently 
than they have been for some time past, and as the Saranac is the only 
vessel under my command, at all suitable for such cruising, I would 
recommend that a small steamer of light draft be attached to this 
squadron for that purpose. Such a vessel judicially managed, would 
not only keep the Indians quiet, but would ali'ord her officers an oppor- 
tunity of obtaining valuable hydrographic information now so nuich 
needed. 

-;v * -x- -» -X- * * 

. Very respectfulh^, your obedient servant, 

A. M. Pennock, 

Hear-Afhiiiral^ Coimnanding TJ. 8. Nui'al Force 

on NortJi Pac'ijic Station, 
Hon. Geo. M. Robeson, 

Secretary of the JTari/. 



No. 36.] Flagship Saranac, 

Jhrt 7oianse)icI, August 3U 187 o. 
Sir: 

^ * -X- * -x- * * 

For some years past there has been bad l)lood between the Stickine 
and Chilcat tribes. When at Etolin Harbor, the Stickine chief 
solicited ray good offices in bringing al)Out a reconciliation. HaA'ing' 
talked the matter over with the chief of the Chilcats on my recent 
visit to his village, I found him read^^ to bury the hatchet. Subse- 
quently, a delegation of chiefs requested the commander of this ship, 
Captain Phelps, on his return to Etolin, to announce their coming for 
the amicable settlement of all their difficulties. 

■X- * * -x- w * * 

Very respectfully, your obedient servant, 

A. M. Pennock, 

Hear- Admiral, Commanding U. S. Naval Force 

on North Pacijic Station, 
Hon. Geo. M. Robeson, 

Secretary of the Navy ^ Washington, D. C. 



Capt. L. A. Beardslee to the Secretary of the Nary. 

Navy Department, 

Washington, I). C, April 28, 1881. 
Sir: I have the honor to submit herewith a report prepared by me 
in ol)edience to the orders of the Department, dated November IT, 1879, 

«See log U. S. flagship Saranac of July 31, 1873; also letter of Rear- Admiral H. C. 
Taylor, U. S. Navy, to the Secretary of the Xaw, of April 6, 1903, post pages 396 and 
407. 



864 PAPEES RELATING TO 

in which I am instructed to prepare a report of my operations while 
ill command of the U. S. S. Jamexfoiciu stationed at Sitka, Alaska, 
which order was subsequently modified h}' verbal instructions to in- 
clude in the report such information in regard to Ahiska as I had 
obtained during- my conmiand. 

I have therefore added papers treating on the character of the coun- 
try and of its inhabitants, its resources, and meteorological phenomena. 
The collation and arrangement of the data on this subject, although 
embraced in twenty pages, has occupied a large proportion of the 
time since I was assigned to the duty. 

I most respectfully submit, in connection with this report, the accom- 
panying copies of letters from the honorable Secretary of the Navy, 
K, W. Thompson, and the chief of the Bureau of Navigation. 
I am, very respectfully, 

L. A. Beardslee. 

Captain^ ( . S. Navy. 
Hon. Wm. H. Hunt, 

Secretary of the Xavy. 



The Secretdry of the Xari/ to Captain, Beard^ee. 

Xavy Department, 
Wdiihhnjton, Noreinher 30, 18S0. 
Sir: The Department omitted, at the time of your detachment from the command 
of the JameMou-n, to express its approbation of your course reojai'ding matters in 
Alaska. The condition of that Territory was such tliat the presence of a war vessel 
would have been of little use without a commanding otlicer of rare judgment and 
discretion. 

Your course while in command met with the entire approbation of the Depart- 
ment, and tended to restore order and preserve peace. The condition of the people 
of all classes in that country, where no law existed, was much imjjroved by the 
measures adopted by you, and much that j'ou did was the result of your good judg- 
ment, as you were required to act promptly and without the advantage of advice or 
instructions from the Department. 

Your successor in command commends the admirable condition in which he 
found affairs in Alaska, and attri))utes it to the wise course pursued by you. 
Yerv respectfully, 

R. W. Thompson-, 
Secrctani af the Xary. 
Commander L. A. Beardslee, U. S. Xari/, WasJtingfon. 



Report of Capta'ni Brardxlee. 

The JaiiKstovn was placed in commission at tlie ]\lare Island vard 
on the 8th of May, 1879. 

It being considered important that she should reach her station as 
(juicklv as possible, she was very hurriedlv fitted out, and sailed for 
Alaska on th(» i>L>d of May. 

The Department's instructions to the commanding officer were par- 
tially as follows: "'Proceed to Sitka, Alaska, and relieve the U. S. S. 
Ala.sl'a. Conmmnicate from time to time, as opportunity ofl'ers, with 
the Department as to affairs in the Territory, looking out for the inter- 
ests of citizens oi the United States, and rendering them such protec- 
tion as may be required;" to ""make such soundings and hydrographic 
examination as the nature of the route and exi.stino- charts will sug- 



AMEKICAN OCCUPATION. 365 

gest;" and "while at the station to execute .surve3'.s and examinations 
of harbors, islands, shoals, etc., as far as the nature of the service and 
available means will permit." 

I had received, also, verbal instructions from the honorable Sec- 
retary of the Navy, given on the eve of my departure from Washing- 
ton, to assume the conmiand, which in general terms were that 1 should 
study the situation of ati'airs in that Territory, and use my utmost 
endeavors to restore and establish permanently harmcnious relations 
between the white settlers and the native Indians of the Territory, to 
which end I was authorized (there l^eing no governing power or code 
of laws in existence in the Territory) to use my own discretion in all 
emergencies that might arise. 

•K- * * * -:j- X- 

It had l)een made my duty to restore harmonious relations l)et\veen 
the whites and Indians of southeast Alaska, and the steps taken to this 
end, in the preliminary effort to establish harmony among the whites 
themselves, have been detailed. 

My position in regard to the Indians would have been very compli- 
cated had I made etl'ort to control them in accordance with the provi- 
sions of the Revised Statutes bearing upon Indian affairs, for nearly 
all of the sections presuppose a ver}' different condition of affairs than 
prevailed in Alaska. 

* * * * -X- * * 

From these I deduced — 

First. The United States had exclusive jurisdiction over Alaska. 
Second. As the senior Government official present, it was my duty 
to maintain this jurisdiction. 



OPENING OF THE CHILKAT AND CHILKOOT COUNTRY TO THE WHITES. 

In September, 1879, certain events took place among the Indians, 
which were duly reported in my October dispatch, but which have 
been omitted from their chronological position in this report, because, 
although apparently at the time of slight importance, they proved to 
be the starting point of the most valuable results which sprung from 
our intercourse with the Indians, namely, the removal by the chiefs of 
the Chilkat and Chilkoot tribes of all prohibition to the white men 
from entering their territory, which prohibition had been always 
strictly maintained; and the bringing of these tribes and the Hoonah 
Indians into a most friendly intercourse with the whites. 

These events were reported as follows, in mv dispatch dated October 
5, 1879: 

The month of September has been marked by perfect freedom from drunkenness, 
fighting, or disorder of any kind in the Indian raneli. 

A great number of Indians have returned from hunting, etc., and the ranch is no 
longer deserted, I)ut the returns have ceased to be celebrated ])Y pot-a-latehes; the 
Indians throng the white settlement, but there is no disturbances. The residents 
state that there has never l^een so quiet a month. When we tirst arrived every night 
was made hideous by drunken orgies and many tights. I have not had cause to even 
censure an Indian since tlie raid made Ijy themselves upon the cannery ranches. 
* -X- * * w * * 

I attribute the change to the influence of the Indians in our employ. * * * 
There has been an unusually exciting cause for sprees: About the 25th of Septem- 
ber news was brought by Indian canoes that there had been a big fight up in the 



866 PAPEES RELATING TO 

Chilkliat country, between two families of the Cliilkiiats, viz, the Klockwatories 
(warriors) and the Onochtades, and that the chief of the former, Klotz-kutch (who 
is head chief of the tribe) , was seriously wounded, and that a number on both sides 
had been killed; the inciting cause having been a barrel of molasses with which 
Klotz-kutch had given a pot-adatch. 

There are quite a nund:)er of Chilkhats living in Sitka, among whom is Dick, one 
of my policemen, who is a nephew of Klotz-kutch, and a very intelligent Indian, 
speaking considerable English and reading and writing a little. 

He, assisted by the other policemen and "Sitka Jack," restrained the usual drunk 
which takes place on such excitements, and except that for a couple of days the 
miners could obtain no packers (they having all come into town to a caucus), no 
imtoward event occuried. 

They have organized an expedition to visit the scene of contemplated trouble, 
and on the od of October three canoe loads, al)out 30 Indians in all, started for the 
Chilkhat country ( up Chatham Straits). If this vessel were a steamer, I should have 
gone too, for these Indian wars are almost interminable and will do much to hazard 
American interests here. I did the next best thing in my power; judging that the 
influence of such men as Sitka Jack, Dick, Stickeesh, and others, who knew us and 
could explain to those who did not the value of white friendship and danger of the 
opposite, would be very powerful, I resolved to secure it for our side, so helj>ed to lit 
out the expedition, furnishing them with flags, provisions, etc., and receiving from 
them the promise that they would do their best to prevent trouble. 

The party, over whom I hoped throuo-h the leaders 1 had appointed to 
exercise some control, were directed to report to Klotz-Kutch, and say 
that I had sent them to help him keep his people in order, and that in 
return I expected him to alwa^^s use his inrtiience to secure good treat- 
ment to any white men who should come to his country to trade, and 
that I would be pleased if he would let white miners go into the inte- 
rior to prospect the country for precious metals, which, if found, would 
enrich the Indians also. This privilege had never ])een accorded, the 
Indians (Chilkhats) fearing that the whites would interfere with the 
trade with the Stich Indians who live in the interior, and whose trade 
the coast Indians monopolize. The Chilkhats were estimated as from 
two to four thousand in number, and considered the most warlike of 
all the tribes. The country was reported to be rich in minerals, and 
the miners were very desirous of penetrating it, and it seemed more 
than likely that, sooner or later, bodies of them would undertake to 
force their wa}' in, in which case serious troubles would proba))ly have 
occurred. 

On the 12th of February, 1880, Dick, Stickeesh, and most of the 
party returned, Sitka Jack, with the remainder, having stopped at 
Swansons Harbor, in Cross Sound, where he has a village at which 
he dwells in summer. Stickeesh was nuich broken down by intlamma- 
tor}' rheumatism, contracted during the voyage down, which sickness 
gave rise to the case of witchcraft reported. The}^ brought an invita- 
tion from Klotz-Kutch for the white miners to come, and promises of 
welcome, and thanks to me. This invitation I extended to the miners, 
of whom therc^ were a niuuber in town deterred from work on I^aranoti' 
Island by the great amount of snow still rcMiiaining on the mountains, 
the fall during the previous winter ])eing unprecedented in amount. 
These men were r(>ady to undertake such an expedition, and were of 
such characters as were best adai)ted. The j^roject was freely discussed, 
meetings held, and an expedition to the Chilkhat country organized, 
and for the ensuing two months Sitka was quite lively with the prep- 
arations for the expedition. 

Several boats were built, some from timber which was growing in 
the forest when the idea was conceived, and in May the partv of pio- 
neers were ready to start. 



AMERICAN OCCUPATION. J3()7 

On the ovcnino- of the 11th of May a })ul)lic meetino- was hold, and 
a full undei'stiiiulino- l)otwocn the miners and myself an'ived at. 
*.*****■» 

I ao-reed to furnish them with escort and letters of introduction. 

The second launch was titted for the trip l)}^ remo\ino- her boiler, 
■eng-ine, etc., and Lieut. E. P. McClellan assio-ned to the duty of escort. 
He was provided with the following- letter to the Chilkhat chiefs, appar 
ently an unnecessary move, as they neither read nor write, but really 
one of importance, as the Indians have a superstitious respect for writ- 
ten words, and there were with the expedition capable interpreters: 

U. S. S. Jamesto\\ n, 

Off Sitka, MairJO, ISSO. 
To the Chiefs of the Chilkhots, Klotz-Kutch and E/quesah. 

Chiefs: You have sent to me throuijh Skeeuga-Stocheen and Stickeesh, Indians in 
whom you and I place confidence, an invitation to the white men to come and pros- 
l)e('t your country, and have promised to be their friends. The men who now come 
are those I have invitt'd in your name. I feel sure from what I know of the bi'avery 
and honesty of the Chilkhats that you will keep those promises; therefore I send 
them, and the Great Father at Washington will be greatly pleased to hear that they 
have gone, and more pleased to hear next fall that you have all remained friends. 

The otiieer who delivers this acts as my representative. 

L. A. Beardslee, 
Commander, U. S. N., and Semor Representalire of the Goreriime)it. 

The following- instructions were given to Lieutenant McClellan, and 
on the morning- of the 20th of May the ex}>edition, consisting of tive 
sail])oats carrying- nineteen miners and their help, and our launch, 
started under sail: 

U. S. S. Jamestowx (third rate), 

Ojr Sitka, May 20, 18S0. 

Sir: You will jiroceed in command of the second launch of this ship, and in com- 
pany with a number of boats carrying miners and prospectors, a list of whom is 
herewith furnished to you, to the Chilkhat village, for purpose hereinafter specified. 
In starting from this ]ilace you will so arrange that you will be able to get through 
the rapids in Peril Straits before dark. On the eastern side of said rapids you will 
find a good harl)or. Mr. George Cozian will accompany you as pilot. I have great 
confidence in his knowledge of the dangers of the inland waters. He will also act as 
Russian interpreter. 

Passed Asst. Surg. N. M. Ferrabee, U. S. Navy, Ensign N. R. Usher, U. S. Navy, 
and Midshipman Woodworth are ordered to report to you for duty upon this 
expedition. 

Your crew will consist of 13 sailors of this ship, and Indians Dick and Shukoff. 
Your boat will be armed with the Gatling gun, and small arms for each person. You 
will, under sail or oar, keep company with the boats of the miners, unless you find 
their progress so slow as to greatly retard you, in which case you will push ahead 
and make the best of your way under canvas or oar, as shall be most expedient. 
You will use your own judgment as to anchoring for the night, tide, or weather. The 
miners have, as per agreement — a copy of which is furnislieil you — promised obedi- 
ence to your orders and instructions, and have elected Edmund Bean as their captain, 
with whom you will confer. On reaching the Chilkhat village, you will allow no 
one to land uitil permitted by yourself ; and will, through an officer and Indian Dick, 
arrange with the Chilkhat chiefs for an interview as soon as possible. If for any 
reason this interview is delayed, you will obtain permission for the landing of such 
persons as may so wish, cautioning all persons obtaining such. permission to commit 
no acts which will tend to create difficulties. 

At this interview you and such ofticers as m&\ accompany you will wear uniform 
and .side arms. During this interview, and at all times, the boat must be left in 
charge of an officer and sufficient force to guard it. The nature of this interview will 
be as follows: Say to them that last fall, when Klotz-Kutch was wounded, I sent with 
a party of Indians who wished to come to help him, Dick, his nephew, in whom both 
he and I have confidence; I also instructed Sitlsa Jack and Stickeesh to talk with 
the Indians and advise them to stop drinking hoo-che-noo and fighting. 



368 PAPERS RELATING TO 

That when these men oame back, they informed me that the Chilkhat chiefs invited 
the white men to come among them and prospect their country, ami j)ronused them 
welcome and assistance. This invitation and promise I have given in their name to 
the miners, and they now come in consequence. Tell them that had they not sent 
this invitation these people would not have come, therefore they must treat them as 
guests; and that all the miners have promised me to live peaceably and friendly 
with the Indians. Act throughout on the assumption that you have no doubt as to 
their keeping their promise. If, however, it becomes manifest that they will not do 
so," inform them that you will return and report to the Ciovernment their failure to 
keep their word, and that in future no Chilkhat Indian will be allowed to land at Sitka 
for tradeorother }>urp()ses; that I will not give those who are here employment. You 
Avill then notify tlie miners of the failure of the mission, and re(|uest them to return 
with you, informing them that any or all who fail so to do forfeit their claim to your 
protection, and act entirely upon their own responsibility. 

After the completion of the business with the chiefs, you will return to this ship, 
making, en route, such stops at any ranch of importance as your time will permit, 
explaining at eacli to the people the ol)ject of your so doing, which will be to assure 
them of the friendliness of the whites to them, and to caution them against commit- 
ting at any time any aggressive act against white men, warning them of the probable 
consequences. Should your voyage to the Chilkhat village and return to the eastern 
moutli of the Peril Straits have been accomplished in fifteen days or less, say by June 
1, you will visit the Kootznoo settlement on Admiralty Island, and there arrange 
for and hold interview with the chiefs, at which you will express to them strongly 
the disapprobation of the Government in regard to the recent fight between them- 
selves and the Stickiene (Stahkine) Indians at Wrangell. Make it plain to them 
that Wrangell is a town belonging to the United States, and that no tight between 
Indian tribes can be permitted in its vicinity. Tell them that it has been reported 
to me that they intend to return to Wrangell to renew the trouble, and that if they 
so do they will be punished. That for what has already occurred no penalty will be 
exacted — assigning as your reason your knowledge that by Indian customs they had 
suffered a grievance which neither you nor the Government you represent ap|)r(i\ed. 
Obtain from them a promise to refrain from future hostilities, and return to the sliip. 
These instructions are based upon the assumption that the results of your interview 
with the Chilkhat chiefs are satisfactory. Should, however, they refuse to grant the 
privilege requested, you will, after exhausting all amicable means, return as already 
directed. 

I leave to your own judgment the explanation to the various tribes of the advan- 
tages which will accrue to them l)y the presence of the whites. 3Iake, however, no 
promises. Unless unavoidably delayed ( in which case endeavor to communicate with 
me by canoe, promising payment by me from $10 to $30, according to the distance), 
return to this ship by the 1st day of June, at the farthest, and as much earlier as jios- 
sible. Keep a full journal of the events of this expedition, obtaining all useful infor- 
mation possible. I have invited Mr. ilarcus Baker, of the Coast Survey, to accompany 
you. He will assist you in everj' branch of science. Wishing you a pleasant and 
l>rofital)le trip, and that the results will be the opening of the interior of the country 
to the whites. 

I am, very respectfully, L. A. Beardslee, 

Commander, Com)nau(llri(/. 

Lieut. E. P. ^IcClellax, U. S. Xary. 

The launch rotiirned to the ship on the 5th of June, and the report of 
Lieutenant McCleUaii indicated that the result was a success, and that 
the Chilkhat country wa.s now fairly opened to the whites. 

***♦**« 

The Chilkhat chief, Klotz-Kutch, had in this connection shown such 
evident g-ood faith and character that I considered that I could, with 
propriety, break through a rule which had hitherto gtiided my actions, 
which was to in no case give any presents to the Indians when I wanted 
anything of them, considering that such action tended to increase their 
ideas of their own importance, and lead them to think that the whites 
alone were benelited by such changes as were made. I. therefore, sent 
him a present which, upon my subsequent meeting with him, 1 found 
was highly appreciated, and with it the following letter: 



AMERICAN OCCUPATION. 369 

United States Wah Siiii> Jamestown, 

Ojf Sifk-a, June 10, 1880. 
Chief: The Great Father in Washington, who is father of the Alaska Indians ami 
the white men, will be greatly i)leased when he receives the letter which I have sent, 
telling him of the good I'onduct of the chiefs of the Chilkhats, and that they have 
become so wise that they can see that it is best to be friends with the white men, 
through whom the Indians will be able to make money by selling all of their furs, 
oil, and other things, and who will bring them things which they need and can not 
make themselves. 

I am glad that you kept your promises, and I felt sure that you would. Brave men 
of all colors are alike; they will not lie. 

I send you a present of a valuable pipe and some American tobacco. Keep the pipe 
as long as you live, then give it to the next chief, to l)e used always as a pipe of 
peace, and smoked when you hold pow-wow with your white friends. Teach all of 
the Indians that Mr. \'an(Ierbilt is their friend, and that if they treat him well other 
steamers besides the Favorite will come to trade with them, and that if bad Indians 
should trouble him or his steamboat, the Government will be angry. 
Your friend, 

L. A. Beardslee, 
Commander, U. S. Xary. 
To Klotz-Kltch, 

Chief of Chilk-hnlf!. 

On the return Lieutenant McClellan stopped, as in.strueted, at Kootz- 
noo, on Admiralty Island, and made it clear to the Indians that they 
would be punished if they resumed the war with the Stahkines at 
Wrang-ell. In promising- to refrain, the Kootznoos requested permis- 
sion to whip the Stahkines if the}^ came to their neighljorhood, Avhich 
request was granted. 

******* 

On the 28th of June Aunahootz returned from a trip to Taku, to which 
place I had sent him a month before to check a war impending- there, 
he having great influence with the Takus, with whom he is connected. 
He brought word that all was (|iiiet. 

During Jul\' a trader named Errassan made a trading trip to Chilkhat, 
and on return reported good treatment. And during the same month 
a miner named Willoughby, who. having- seen the ores brought by the 
Hoonahs in ^larch. had accompanied them on their return home, arrived 
in Sitka, and stated that he had been well treated l)ythe Indians during 
a two months' stay among them. Ke reported that f re(|uently he heard 
them, while conversing, speak of the Jamestown ; and Errassan reported 
the same: and it was thus evident that the influence of the ship extended 
a long wav beyond the range of her guns. 

* ****** 

The steamer Farorltc arrived a few days after, l)ring-ing- as a passen- 
ger from Chilkhat one of the miners who had belonged to the pioneer 
party, who reported to me that the Chilkhat and Chilkhoot Indians 
were very much incensed by the action of two men who, not origi- 
nally members of the party, had joined it subsequently, and, not being- 
bound by the pledge given b}^ the others, had undertaken to trade with 
the Stick Indians. 

These men had been with the pioneers long enough to be identified 
with them by the Indians, who were impressed with the idea that the 
whites had been guilty of l)ad faith. 

This man brought me a message from Klotz-Kutch, begging that I 
would send or come and take these men away, for he was afraid they 
would be killed. 



21528—03 31 



370 PAPERS RELATING TO 

The receipt of this information caused me to decide that it was nw 
duty to g'o to this place at once, and not await the instructions of the 
Department, which I could not receive in less than a month, even were 
I to teleg-raph full particulars. 

Our steam launches were not suitable, and I therefore made partial 
arrangements with Captain Vanderbilt to take myself and party to 
Hoonah, Chilkhat, aud Kootznoo. hoping at the latter place to keep 
smothered the embers-of war between the Stahkines and Kootznoos, 

The Favorite was not available until after the arrival of the mail 
steamer California^ which came in on the 10th day of August, She 
brought as passengers Justice Deady, of the United States court at 
Oregon, and Maj. William Gouverneur Morris, special agent of the 
Treasury Department. 

I submitted to the latter all of the information 1 had obtained as to 
the troubles already described; also as to certain illegal traffic in tire- 
arms and liquor wliich had been reported to me as occurring at various 
places in the northern country. 

* * -X- * -X- -yc -X- 

In pursuance of the arrangements made between Major Morris, as 
representative of the Treasury, and myself, as senior naval officer, the 
proposed trip was made, and its objects and results reported to the Navy 
Department in the following dispatch: 

U. S. S. Jamestowx, Sltht, September 1, 1880. 
Hon. R. W. Thompson", 

Secretary of the Nanj, ^]'as}lmgion, D. C. 

Sir: In compliance with the request of special agent of the Tiea.sury Department, 
William Gouverneur Morris, which request was based upon information given to him 
by me, as reported in my letter of August 11, as to many violations of the revenue 
laws, and intrusion upon our waters of English Indians, hunting sea otter, I have 
during the month of August accompanied him, with an escort of officers and men, 
upon a tour among the most prominent Indian tribes who inhabit the inland coasts 
of Alaska; 

Our trip was made in the steamer Favorite, belonging to the Northwest Trading 
Company, and beginning on the 14th day of August, extended over fourteen days, we 
arriving in Sitka on the 28th ultimo. 

The objects of the trip were, first, to visit the Hoonah villages in Cross iS(iund, and 
to there take steps to prevent a threatened war between the Hoonahs and the British 
Columbia Indians of Fort Simpson, the latter having trespassed upon the rights of 
the former by killing sea otter upon the hunting grounds of the Hoonahs; second, 
to visit the Kootznoo tribe on Admiralty Island, to prevent a renewal of troubles 
between them and the Stickienes at Wrangell, reports having been brought in that 
such troubles were about to occur; third, to visit the Chilkhat country, for the pur- 
pose of strengthening and encouraging that tribe and the Chilkhoots in their advanced 
step of opening their country to miners and traders, which step was taken by my 
request, and is the legitimate growth from the successive steps of mine, in sending, 
in September, 1879, several of our Indians to Chilkhat, upon the occasion of a big 
fight, which resulted in an invitation to the whites to come, in response to which I, 
in May, furnished a party of pioneers with escort (see report of ,Tune 7, bSSO) ; and 
in general terms, to have interviews with as many as possible of the leading tribes, 
among whom white men are now beginning to penetrate, and to establish with them 
a feeling which would cause them to receive the whites with favor, and treat them 
friendly. 

My reasons for going in person were, first, I am convinced that as "captain of the 
JauKKtovn " I have more influence with the Indians, from one end of Alaska to the 
other, than any other person; I do not speak boastingly, but simply state a fact, 
which is believed by all here and confirmed by much evidence. 

******* 

We then proceeded up Lynn Canal for Chilkat. The day was fine and warm, and 
the mountain scenery, which included hundreds of glaciers, magnificent. Before 
passing into Chatham Straits we had a fine view of Mounts Fairweather, Crillon, and 



AMERICAN OCCUPATIOISr. 37 1 

Perouse. At 6 p. m, we anchored in William Henry Bay, on west side of Lynn Canal, 
latitude 58° 44' north, longitude 135° 19' west, to procure wood, which the Indians 
cut and cord for the company for $2 per cord, and it is most excellent fuel (hemlock). 
We made survey of harbor, etc. On 23d, 6 p. m., we arrived at the trading post 
between the Chilkat and Chilkoot villages. We here found that our visit was very 
opportune, as it was at once reported to us that a war had started between the Chil- 
kats and Chilkoots. The Chilkats and Chilkoots have for generations claimed the 
exclusive right to trade with the Stick Indians, who live in the interior and are not 
allowed to come to the coast, and it was to prevent trespass upon the trade that they 
liave hitherto objected to the whites coming among them; and their consent to the 
going nto the interior of the miners was based upon promises made ]>y the latter to 
refrain from trading with the Sticks. Their suspicion that Mr. Steele \ who was not 
bound l)y promise) was endeavoring to establish the forljidden trade, had led them 
to appeal to me for assistance to prevent his so doing. 

* * * * * * * 

The northern extremity of Lynn Canal is bisected by a narrow tongue, which pro- 
duces two deep inlets, called, respectively, Chilkat and Chilkoot inlets. These are 
the most powerful and warlike tribes on the coast, and their main villages are situ- 
ated about 20 miles up rivers which empty into the inlets. 

The mouth of the Chilkat River is obstructed by fiats, which can be passed only 
by canoes. Just below these flats, oh the western side of the peninsula, there is a 
village called the "Lower Chilkat village," but as it is inhabited by about equal 
numbers of Chilkats and Chilkoots, and governed by a chief of the latter tribe, it is 
more properly a Chilkoot village, and at it the two tribes meet for trade, etc., a trail 
crossing the peninsula. At the eastern end of this trail there is a good harbor. Por- 
tage Bay, and the Northwest Trading Company have built a house and established a 
trading post at this point, around which a new village will soon grow. The trader, 
a Mr. Ceorge Dickenson, is married to a Tongas Indian woman, who speaks, reads, 
and writes English, and is a missionary. Through the Dickensons we learned as 
follows: 

A few days before a nephew of KIotz-Kutch, named Yakekoko, being drunk, desired 
to attack and kill a Frenchman named Pierre Erassard, who was at the Chilkat vil- 
lage, in a ))oat from Sitka on a trading voyage. Yakekoko has what is termed a 
"blood feud" with the whites, he having been stabbed last winter in Wrangell by a 
white man named John Currie, and in conse(iuence has sworn to kill a white man to 
' ' get even. ' ' The attack upon Erassard was prevented by Klotz-Kutch , but as a barrel 
of molasses had been sold to the Indians (probably by the same Frenchman) many 
were drunk and a big fight ensued, during which Yakekoko shot and killed a Chilkoot 
Indian named Kootsnatz, the man who last fall wounded Klotz-Kutch (see letter of 
October 1 ), creating then a riot, which I had stopped temiwrarily by sending up Dick, 
Sitka Jack, etc. 

Klotz-Kutch is getting old, and a class of young fellows are disposed to rebel against 
his authority, his ideas being in advance of theirs as regards the admission of minsrs, 
traders, and missionaries. All of the Indians of the lower village side with the Chil- 
koots, and after several days of skirmishing at the main Chilkat village, the side 
opposed to Klotz-Kutch, which was headed by Danawak, chief of lower village, sent 
to the main Chilkoot village for reenforcements. The day before we arrived two 
canoes carrying over forty men had passed the trading post bound to Chilkoot from 
Chilkat, and every man belonging to the lower village had gone to the meeting, at 
which a big potalatcli or drunk was taking place. 

I learned also that Mr. Steele, the miner who was believed by the Indians to have 
endeavored to trade with the Sticks, was stranded about 15 miles by water above the 
Chilkoot village, and that the Indians refused to bring him down. Messengers were 
at once dispatched to Chilkat and Chilkoot to the headmen, requesting them to 
declare a truce, and to meet us in council at Portage Bay on board the Favorite; also 
to the Chilkoot chief, requesting him to send at once a canoe for ilr. Steele and bring 
him down to us, if he wished. 

On the 24th Klotz-Kutch and Colchica, chiefs of the Chilkhats, accompanied by the 
trader Erassard, arrived; also from Chilkhoot, Mr. Steele. Erassard confirmed the 
story of the Dickensons as to state of affairs in Chilkhat, saying that every night the 
fighting, which was suspended during the day, was renewed. This is Indian custom, 
their system of "getting even" making it very dangerous to a man to be identified as 
the killer of another, even in battle; and Steele reported that the entire Chilkhoot 
village was drunk when he left. Steele denied the reports which had been made, 
but did not convince me that he was entirely blameless. 

That evening an interview was held with the two chiefs, and the matter of difficulty 
between Steele and the Chilkhats adjusted satisfactorily. We declined to talk of the 



372 PAPERS RELATING TO 

war now prop;res8ing until the Chilkhoots should l)e present. August 25, in the 
morning, a Hght canoe, with the American tiag flying, came down from Chilkhoot. 
In her were several Chilkhoot chiefs. "We appointed a conference at 10 a. m., and 
they went to the beach to breakfast, refusing to go to the trading post because the 
Chilkhats were ihere. 

At 10 a. m. we tired a gun, and soon after all came on board. As this was a very 
important interview, we all dressed in uniform and epaulets, and the Indians, as far 
as in their power, vied with our splendor. Major Morris also donned a uniform, as it 
was necessary to add to our strength everything which could impress the natives. 
There were present, Chilkhats, Klotz-Kutch and Colchica, chiefs of main village; 
Chilkhoots, Danawak, chief of lower village; Karskarz (Indian shaman), chief of 
Chilkhoot village, and a young fellow, brother of Danawak, and his probable suc- 
cessor, who is very influential, and who has made lots of trouble. The following is a 
synopsis of the interview: 

Interview between Commander L. A. Beardslee, U. S. Xary; Mnj. William (rouverneur 
Morris, special agent Treasury Department; ChilkJiat chiefs, Klotz-Kutch and Colcldca; 
Chilkhoot chiefs, Danawak, Karskarz, and ofliers, (d Trading Post, Portage Bay, 
Chilkhoot Chctnnel, August 25, 1880. 

Geo. Cozian and Shukoff, interpreters. 

Passed Assistant Surgeon Ferrabee and Master G. C. Hanus, U. S. Navy, were present. 

Commander Beardslee. "I have sent for you to talk with you on a subject of 
great importance. I do not wish you to interrupt me, but to wait till I have finished, 
and then I will hear you. Many years ago a great Tyliee of the United States, Mr. 
William H. Seward, came to this country. He traveled all over it, and when he 
reached Chilkhat he was the guest of Klotz-Kutch, and he writes in this paper you 
have shown me tliat Klotz-Kutch and all of the Chilkhats used him well. He was 
greatly pleased with what he saw of the country, and when he got home he told his 
Government that it was good; that the lands were rich in furs, minerals, and timber; 
the waters teeming with valuable lish, and the Indian tribes brave, intelligent, and 
disposed to be friendly; and by his advice the great Tyhee in Washington bought 
Alaska, and paid many millions of blankets. 

" White men oegan to come to this country, among them both good and bad men; 
the last, seeing the riches of the country, wished to keep it to themselves, so they 
wrote false letters and the white men read that the country of Alaska was 'bad lan<l' 
and the Indians a dangerous, treacherous lot of men, and that the whites could not 
stay here unless the Government sent a war ship or soldiers to protect them. Some of 
these reports were true, for the white men and Indians did not understand each 
other, nor how to get along together. 

"The Government sent the war ship asked for, and selected me to connnand ir, and 
it told me to protect the whites, and Indians who desired it, from the l)ad Indians. 

" I have been on this duty over fifteen months. At tirst my work was very hard. 
Bad Indians and bad white men gave me much trouble, and the good men would not 
assist me, but stood and looked on, because they did not know me; l:)ut as time 
passed, and they saw that the war ship was the enemy of the bad men only, and the 
friend of the good ones, these last began to help me, and when I asked the old men to 
make the young men do right, they did so. Then they began to send to me to 
advise and help them when they had troul)les, and I did so, and by my request the 
Kootznoos and Stickienes, the Hoonahs, and Sim-Sims (Fort Simpson Indians), and 
the Chilkhats and Chilkhoots stopped wars that had started, and all sent me word 
that they wanted the white man to come among them and teach them. Sol wrote to 
the Great Father that war times were over, and that it was now time to send teach- 
ers for the children, traders to do business, and a peace Tyhee to teach the Indians 
how to do business with the whites. Such a Tyhee has come with me. I came 
myself that I might get acquainted with all of the chiefs who have helped me so much, 
and that I might introduce to them the business Tyhee as my friend, that they 
might know that the war ami peace Tyhees of the white men worked together. 

" At Koeteosok, Kootznoo, Hoonah, Tink ha-tah, and other places we found all 
quiet an(l peaceful, and we talked with the chiefs — I about such matters as I had 
charge of, and the business Tyhee instructed them how to carry on their l)usiness 
with the whites; but, now we have arrived at Chilkhat, the business Tyhee can not 
talk, for there is war, and my work is not yet finished. 

" Unless this war is stopped at once I sliall leave here to-day and go back to the 
Jamestown and tell the Great Tyhee in Washington that the Chilkhats and Chilkhoots 
are not yet ready for a talk with the business Tvhee. and that the white men must 



AMERICAN OCCUPATION. 378 

not corael)eyond Cross Sound. I am very grieved and mortified. Can not you four 
men, and will you not, stop this trouble, which is now but like a little tire which has 
started, and which can easily Ije jtut out l)y a cool breath, Ijut which, if it gathers 
headway, will destroy the country? Will you not help me to blow it out?" 

At this point a conversation between themselves was followed by a request that we 
should hear the story of the war and act as arbitrators; this we refused to do. Such 
action would have l)een highly imi)olitic. It M^ould be imi)ossible for any white man 
to place just the right weight on the various points which would arise. From an 
Indian point of view, in which both ])arties would coincide, acts which we might 
condenm would he considered as riglit, an<l vice versa, and I said to them: 

"That we can not do; we did not come here to interfere in youraffairs; we came in 
a little boat, as friends, to pay a visit; we know that you Indians have laws, and that 
by them this dispute can he settled better by your chiefs in cool, deliberate council 
than by young men, crazy with hoo-che-noo, killing each other." 

Klotz-Kutch. "We have listened to what you have said, and we agree that it is 
better that we should do what you say, but we can not settle the affair without con- 
sulting the family of (?) (the shot man). I would rather pay two hundretl blankets 
than have a long war al)out a l)ad man that was not worth a hundred^. We are the 
rulers of all the Indians, and we promise you that the war shall stop now and that 
such payment as a council decides is just shall be paid by me." 

Danawak and Karskarz, the Chilkoot chiefs, indorsed the promise of Klotz-Kutch, 
and the two parties, who up to this time had held aloof from each other, began a 
friendly consultation. 

I then said to them: "Now that you have all joined in this promise, am I to 
understand that, except as to the amount to be paid, the whole affair is settled, and 
that the war is over?" All assured me that such was the case, and I then saicl: "I 
know that you will keep your word, for you are warriors, and brave, and only cow- 
ards lie, and I know that you old men have wisdom enough to see that it is best to 
settle a trouble without anger." 

Then I introduced ilajor JNIorris, who had a long talk with them on Ijusiness mat- 
ters — smuggling, whisky dealing, etc. They manifested nmch interest in the subject- 
matter of the major's address, asked a number of questions, and promised to be guided 
by his instructions. Both of the triljes were greatly pleased by an offer that Mr. 
Yanderbilt, the agent of the Northwest Company, had authorized Major Morris to 
make, viz, to build at the trading post a comfortable schoolhouse, where those who 
wished could be taught liy Mrs. Dickenson, the wife of the post trader, and they said 
that they would not only send their children, but would build a new village around 
the post so that the children could be with their parents; and after consulting 
together the Chilkats selected a site to the westward and the Chilkoots one to the 
eastward of the store. 

They received, with considerable amusement, a proposition made by Major Morris 
that on future trips of the Farorite good, wholesome beer, which we whites drank 
and got fat and healthy on (illustrating by his own person as an examj^le), should lie 
substituted for the trou1)le-lirewing molasses. 

It is my belief that if this change can be made gradually, the use of molasses, as a 
beverage, can be greatly reduced; and so thought the chiefs, who are very willing to 
have the experiment tried. 

After the interview we exhibited to them the howitzer and (iatling, tiring a number 
of rounds from l)oth; the action of the Gatling, which was mounted on a pivot block 
aft, so that we could sweeji two-thirds of the horizon, was particularly interesting to 
them, as it taught them what one man could do to a fleet of canoes coming from all 
directions. 

After this they all went ashore together to hold a pow-wow, and finish up the busi- 
ness. Klotz-Kutch, who had evidently anticii)ated that the case would go against 
him, one of his family having taken a life, which must be atoned for by another, or 
payment, had brought with him a Itale of furs aiid blankets; and we having thus 
accomplished all of the objects of our mission, including a treaty of peace, and the 
quelling of a war which had already put a stop to all trade, and had endangered the 
lives of United States citizens, and wliich might have been prolonged indefinitely, 
started August 25, at 1 p. m., for Sitka, arriving at that place on the 29th. 

******* 

Before closing- this portion of the report it seems not out of place that 
1 should avail myself of information furnished to the department by 
my successor. Commander Glass, which ])ears upon subjects which 
have been discussed. Up to the latest dates, March, 1880, the Indians 



371 PAPERS RELATING TO 

throughout Alaska have kept their promises to me, and have remained 
on harmonious terms with each other and with the whites. 

Shortly after my departure in September, 1879, Lieutenant Symonds 
continued in the Farortte the system of survey begun by Mr. Hanus. 
Visiting the Chilkat vilhige he found that the promise of Klotz-Kutch 
to pay the demanded forfeit had been made good, and that peace was 
reestablished. 

Among the important results of this second trip in the Fa ror/'fe was 
the hydrographic work embodied in chart and Hydrographic Notice 98, 
and the locating of the (Chilkat villages, which he iinds are beyond 
doubt in the United States territory; he also obtained a census of the 
Chilkhats and Chilkhoots, which shows that their luimbers have been 
overestimated. 

The privileges granted to the miners of penetrating the country have 
resulted in the discovery of gold-bearing ledges and silver ore in vari- 
ous places, which, it. is thought, are of great value, and these discov- 
eries have attracted to Taku so many whites that a new town called 
Rockwell has been built, which will undoubtedly soon prove a flourish- 
ing settlement. 



HYDROGRAPHIC WORK. 

The hydrographic work for the summer of 1880 was confined to that 
performed by Master G. C. Hanus while on a trip through the inland 
waters with me in the steamer Faeorlte^ a portion of which is incorpo- 
rated in Hydrographic Notice No. 79 of 1880, hereto appended, and 
other portions in corrections to Chart No. 225, which is now being 
altered in accordance. 

After my being relieved by Commander Glass, the survey of the in- 
land waters, through the medium of the Favorite^ was continued b}" 
him, and the results of a trip made by Lieut. F. M. Symonds are incor- 
porated in H^^drographic Notice No. 98, which, as it serv'es to explain 
certain portions of this report, is also appended. 

Mr. Symonds's work furnishes also other important corrections to 
Chart 225, which chart is the only one of use to a navigator in these 
inland seas, and which had l)een laid aside as too erroneous for issue. 

The surveys of the Jaiuestotrn have restored its value, and a section 
of it, on which the corrections made by the Jamestovn are indicated in 
red ink, is hereto appended. This includes (irlaciei' Bay, Tya Inlet 
and River, Chilkhat Lake, Taheen River, and rocks ofi' Cross Sound, 
called Hanus Reef. 



Hydrographic Notice. 

[No. 98 of 1880.] 

The information contained in the following notice is furnished by Commander 
Henry Glass, U. S. Navy, commanding U. S. S. Jumedown. Thereconnoissanceand 
surveys were made by Lieut. F. M. Symonds, of that vessel, during September of 
the present year: 

******* 

CHiLCAT INLET AND RIVER. — (Seechart. ) 

960. — Portage. — The portage between Portage Bay and Chilcat Inlet is I2 miles in 
length. The divide is low, with a gentle rise from the bay. On the eastern side the 



amp:rican occupation. 375 

soil ii^ a rich loam, adaitted to the cultivation of grassy and the hardier vegetables, and 
covered with evergreen treess and a deciduous growth of birch and Cottonwood. 
Passing from the eastern side to the middle of the divide, the soil becomes thin and 
marshy and necessarily colder, as it has not the southeastern exj)osure of the eastern 
slope. On the western side large patches of swamp grass, a bluish clay soil, and then 
granite mud were found. The mouth of the Chilcat River ojjposite this point is 
about 5i miles wide. (H. N. 98, 1880.) 

961. — J)i'scrl})tlo)i. — Portage Point, where canoes were taken for Tondustek, the first 
Chilcat village, is about a mile to the southward and westward of the western end of 
the portage. 

The party embarked at half flood. Snags and patches of sund were visible in 
many directions, and it re(iuired, under sail, very careful handling to keep in even 
'2 feet of water. A careful examinatinn of the mouth was made for rjuicksands, but 
none were discovered. Indians were observed on the sand flats in the center of the 
river spearing salmon, but none of them had any knowledge of the existence of 
quicksands in the river. 

Tondastek is to the eastward of and clo=e to Rancli Point. This village has 16 
houses and a population of 171 Indians. Two chiefs hold >-way; the elder and head, 
Donawauk (Silver-gray), being about 50 years of age, and tall and noble looking, 
with Caucasian features. Kacky, the other chief, is young and good looking, being 
particularly notorious for his unscrupulous dealings and (piarrelsome disposition. 

The village is on a wide, grassy, alluvial fiat, having for its background a bold 
granite mountain, whose precipitous peak was streaked in a remarkable manner by 
slides of bright slaty granite, sand, and gravel, while lower down were shrubs and 
bushes of bright yellow and crin)son shades, deciduous growth, and woods of dark 
evergreen. The village was noticeably clean. 

After leaving this village a course was shaped up the river, and, although an oppos- 
ing current of at least 4 miles an hour was encountered, good progress was made, the 
breeze being fresh from the southward and eastward. 

The course from the vijiage was southwest. Two miles from the village precipi- 
tous mountains, 2,000 feet in height, rose on either hand. The timber on the moun- 
tains gradually changes, deciduous trees taking the place of the evergreens, and 
luishes replacing the larger trees, until at about 10 or 15 miles from the mouth of the 
river the mountain sides are brightly mottled with yellow and orange. On the 
southeastern side of the river the rugged and serrated mountain crests, covered with 
snow, appear cheerless and uninviting. 

About 5 miles southwest by south from Tondustek, up the valley of a stream called 
Takheen (Hindmost River), is the Bertha glacier, resting on a southern mountain 
slope and reaching nearly to the surface of the river. It is precipitous in its descent 
and has a douV^le snout, occasioned by a huge mass of rock near its medial moraine. 
The ice is very clear and white. The mountains which feed this glacier are of the 
same group which supply the Davidson glacier and the many small glaciers which 
spring into view on the southwestern shore of Lynn Canal. 

At 1.45 p. m. September 27, 1880, Tondustek bearing northeast, 7i miles distant, 
the course was altered to west. Sand bars just awash were continually met, and the 
average depth in the channel was only 2 feet. In altering the course Spuhn Point 
was rounded. The river at this point is IJ miles in width. Tlie fiats opposite Spuhn 
Point extend out for nearly a mile from the southwestern bank of the river. The 
temperature of the water at this point was 46° F., the air being 53°. 

At 2.30 p. m. the canoe was off Vanderbilt Point, which bears west from Spuhn 
Point, distant 2^ miles. The general course was now west-northwest. 

Leaving \"an(lerl)ilt Point, the mud and sand flats, which fill tlie lower part of the 
river, were left behind, and numerous low, fiat islands were met with. These islands, 
covered with alder, willows, birch, and cottonwood, inclose the shallow channels, 
Avhile great stretches of barren gravel and sand flats, with sloughs and pools, fill the 
intervening spaces between the islands. 

The current is rapid and increases in proportion as the channel between the islands 
narrows, running at times 5 or 6 nnles an hour. 

As the party progressed the average width of the river was 1 mile, and the general 
course was gradually altered to west by north. 

At 6.30 p. ni. the canoe reached Camp Point, which is half a mile southeast of 
Kutkwutlu (Gull's place) and UU miles from the mouth of the river. 

On the naorning of the 28th the course was continued up the river, and Kutkwutlu 
was soon reached. 

This village, the second from the river's mouth, is very dirty, and consists of 11 
houses, with a population of 125 Indians. There is no head chief at this place. 

From Camp Point the north bank of the river trends a little to the northward and 



37(> PAPERS RELATINa TO 

tlien to the northward and westward to C'hilkat Point, at tlie upper extremity of 
Khik(|uan village (Old town). 

The river ii^ here 2 luilep wide and is alive with sahnon. The cliffs on the banks 
are about 2,000 feet in height. 

Klukquan, the main C'hilcat village, bears west by north from Camj) Point, distant 
.S miles. It contains H5 houses and a population of 558 Indians. 

From this village the voyage was continued up the Taheen (King Salmon) River, 
which was entered after rounding Chilcat Point. At 11.15 the party was off Glass 
Point, which bears WNW. | \V. from Chilcat Point, distant 2^ miles. Glass I'oint 
extends out nearly to the center of the river valley. The river is here 2 miles in 
width and its general direction is west northwest. 

At 12.20 p. m., (ilass Point bearing south by east, 6 miles distant, the trip up the 
river was discontinued at a point south by east, a quarter of a mile from Jamestown 
Point. 

Nearly west of Klukquan village is a point on which is Chilcat Peak, 4,000 feet 
high, it is at this point that the Taheen, tiowiug from west northwest, and the 
Kluheeny (Dog-salmon), from southwest by west, meet. No information could be 
obtained as to the source of the last-nauied river. The Taheen is the outlet of Kou- 
souah (Long) Lake, which, from Indian reports, is about 30 miles from Kluk(juan. 
On the Taheen, 14 miles from the lake, there are falls 60 feet in height. 

Into the Taheen, l."5 miles from Klukquan, empties the Kafitl Kiver, flowing from 
the northward. This latter is a small river, and is not navigable for canoes. 

About 3 miles south of Klukijuan is Chilcat Lake, which extends about 6 miles 
northwest and southeast. 

From every indication on the banks of the Chilcat River, Lieutenant Symonds 
concludes that during the spring and summer freshets the river never rises more than 
2 feet above its level in September, which rarelv exceeds 3 feet in the deepest part 
of the main channel. ( IL X. 98-80. ) 

(Bearings magnetic. Variation, 31° easterly in 1880.) 

CHiLcooT INLET. — (Seechart.) 

962. — I)('iiei( Riri'v. — The Deyea River, the outlet of Chilcoot Lake, is small and 
shallow and navigable only for canoes. The main village, called Tananei (Salmon 
Leaf), is at the junction of this river with the lake. It contains 8 houses and has a 
population of 127 Indians. At the mouth of the I'iver there is an Indian hunting 
village containing 3 houses. 

East-northeast from the n)outh of the river there is a small glacier, and east by 
north from the sauie point is the entrance to Tyya Inlet, which extends in a north- 
erly direction to the mouth of a river of the same name. This ri\er is navigable for 
canoes only. 

The northeastern side of Chilcoot Inlet is ini-orrectly placed on Commander Meade's 
chart, l)ut want of time prevented Lieutenant Symonds from obtaining sufficiently 
reliable <lata to place it correctly. 

The loftiest mountain peak, just to the southward of Tyya Inlet, was found by 
barometric measurement to be 3,700 feet high. 

There is reported to be jUenty of water and good holding-ground in Tyya Inlet, to 
the mouth of Tyya River, but no harbor. 

A mid-channel course up either Chilcat or Chilcoot Inlet shows that both are in error 
at least one ])oint, as thev trend that much more to the westward than shown on the 
charts. (H. N. 98-'80.)' 

(Bearings magnetic. Variation, 31° easterly in 1880.) 

CniLCAT, CHILCOOT, .\XD INTERIOR TRIBES. 

963. — ])excripfi(»i. — These tribes are all of the general classification grou]i of Thlinkits. 
The whole regiim po.sse-^sed by them is called Kunana, and its inhabitants Kunaiini. 
One group of tribes, called Alitsch (which is their word for "people"), consists of six 
small tribes, viz, Tagcsh (living nearest the coast), Kluhtane, Netlatsin, Tahtlin, 
Klukha, and Tahho. 

To the northward of this group is another group. Their name for people is Tinten- 
which gives the name to this group of four tribes. 

There also appears to be a tribe, or group of tribes, bearing the name Tenneh. 

The above information was obtained from old Chilcat and Chilcoot traders, who 
visit the northern inland country yearly to trade with the interior tribes. 

These interior tribes, especially "the Alitsch, receive their goods from the traders, 
who cross the divide, i)assing first over the mountains to the Tyya River, then ascend- 
ing it to the glacial region, crossing from thence by a gap, and descending on the 
northern side into the bleak, soft, bush region. They barter with the Indians for their 
furs, and being in possession of the market values, the trade is a remarkalilv lucrative 



AMERICAN OCCUPATION. 



377 



one to the traders. They look upon these interior tribes as trilintary to them, and 
prevent them from visiting the coast by stories of the dangers of the route and by 
threats of violence. 

The Northwest Trading Company rendered Lieutenant Symonds valuable assist- 
ance in the prosecution of his work. It has established a trading post at Portage 
Bay, Chilcoot Inlet, and the Presbyterian Mission has taken steps for the immediate 
construction of a mission sc-hool and church near the same place. (H.N. 98-80. ) 

(Reports of Lieut. ¥. M. Svmonds, U. S. Navy, Sitka, Alaska, October and 
November, 1880.) 



* 



Veiy respectfully, 



A. Beardslee, 

Captahi, U. S. JVavy. 



J//'. WoodirortJi to Cvinniandt'i' GJ(i><x. 

U. S. S. Jamestown (third rate), 

Lyhuj of Sitla. AJashi, March S, ISSL 
Sir: In coiiipliaiu'e with your orders of January !24, 1 have the honor 
to submit the following report: 

* -X- ->'r ->t * * * 

January 27. I saw the Rev. Mr. Young and delivered to him your 
letter, and spoke to him in regard to your proposition that the 
Stickines should come to Sitka, and there "meet and compromise with 
the Hooohenoos in regard to their intertribal ditticidties. 

•K- ****** 

January 31 I held an interview with the Stickines. I requested the 
presence of Mr. Young, and he kindly granted me his advice and as- 
sistance. There were present at the interview, one chief. Shakes, and 
sixteen heads of families, also an interpreter furnished by Mr. Young. 
1 began the interview by stating your desire to make peace between 
the Stickines and the Kootznoos." 1 proposed to them the selection 
of four of their number to accompany me to Sitka, there to meet a 
delegation of the Kootznoo tribe, and make some adjustment of their 
troubles before you. To this they seemed gladly to acquiesce. I 
assured them that the delegation should not go, should those members 
of the tribe remaining in Wrangell, not promise me to abide by any 
compromise made by the delegation; which promise they gave me. I 
also assured them "that though it was your desire that they should 
accompany me to Sitka, that they did not go as prisoners or at Govern- 
ment expense. I gave them fully to understand that some comproiuise 
must be made, and they Avould not be able to have things all their own 
way. I told them to "choose their own delegates and suljmit them to 
me^, and should 1 disapprove of any of them, others would have to be 
substituted. I asked their cooperation in putting down hoochenoo in 
the ranche. This they each promised and shook me by the hand. 

i;- ***** * 

March 3, I took passage with my men and the four Stickine dele- 
gates, on the t'aJ!forn!(( for Sitka. 

* * ' * * * * * 

I am, sir, vour o])edient servant, 

John E. A\'ood worth, 

MldxhljNiKiii. U. S. Xavrj. 

Commander Henry Glass, U. S. Navy, 

Coiiiinanding IT. 8. S. Jamrstown. 



378 PAPERS RELATING TO 

Commander Glass to the Secretai'ij of the Xavy. 

U. S. S. Jamestown (third rate), 

Sitka, Alaska, April 6, 1881. 
Hon. AViLLiAM H. Hunt, 

Secretary of the Nary, WitsJuugton, D. C. 
Sir: I have the honor to report that aflairs in this Territory are in 
the most satist'actor}^ condition. Perfect quiet obtains and the Indians 
show every disposition to remain at peace. 

Since the date of my last report I have succeeded in having treaties 
made between the Stickeens and Hoochenoo tribes and between the 
Stickeens and Sitkas, thus ending- at hist feuds that in one case had 
existed for over tifty years." The chiefs showed an earnest desire to 
make peace and to abandon their former custom of exacting satisfac- 
tion in kind for every injury, and I l)elieve the treaties, copies of 
which I inclose, will be faithfully observed. 

* * «■ * * * * 

Veiy respectfully, 3"our obedient servant, 

Henry Glass, 

Coininan der, Com m anding. 



[Extracts from copies of treaties between Indian tribes enclosed in the foregoing letter.] 

A TREATY OF PEACE BETWEEN THE HOOCHENOO AND 8TICKEEN TRIBES. 
******* 

Article VI. 

The chiefs of both tribes agree to use all exertions to prevent any future trouble; 
and should, unfortunately, disputes arise which they are unable to settle, it is agreed 
that all such disputes shall be left to the arbitration of the senior officer of the United 
States in the Territory. 

******* 

TREATY OF PEACE BETWEEN THE STICKEEN AND SITKA TRIBES. 
******* 

Article VII. 

In case any disputes should arise between persons of the different tribes they shall 
be settled by the chiefs in a peaceable manner. In case the chiefs shall not agree 
upon a settlement the disputes shall be left to the decision of the senior officers of 
the United States in Alaska. 



The Secretary of the Navy to Commander Glass. 

Navy Department, May 6, 1881. 
Sir: Your communication of the 6th ultimo is received, and the 
original treaties accompanying it between the Stickeen and Hoochenoo, 
and Stickeen and Sitka tribes of Indians have been transmitted to the 
honorable Secretary of the Interior. 

Very respectfully, Wm. H. Hunt, 

Secretary of the Navy. 
Commander Henry Glass, U. S. Navy, 

Commanding TJ. S. S. Jamestown, Sitka, Alaska. 

«See Midshipm«ui Woodworth's report to Commander Glass, of March 3, 1881, ante 
page .377. 



AMERICAN OCCUPATION. 379 

Connmandev Glu^x to the Secretary of the Navy. 

U. S. S. Jamestown (third rate), 

Slthi, Almha, May 9, 1881. 

Sir: 1 have the honor to report that perfect quiet obtains among* all 
the Indian tribes of the Territ-orv. The beneiits of the control exercised 
over the Sitka Indians, in the prevention and punishment of drunken- 
ness, and the system of compulsory education established here, are 
already shown in the conduct of Indians at other places from which I 
have obtained reports. 

Finding that a system existed among the Alaska tribes of making 
slaves of prisoners of war, or of hostages held for the payment of claims 
for injuries, I have determined to suppress it, if possible, and have made 
a beginning- at Sitka. 

At this place I found in the Indian village seventeen persons of 
various ages held, or claimed, as slaves, some by purchase, others by 
inheritance. With the aid of an interpreter I investigated each case, 
and released all the slaves in the presence of their former owners, 
giving to each one a certificate to that effect, and warning all Indians 
not to injure or molest anyone formerly a slave under pain of severe 
punishment. 

I have sent letters to the leading chiefs of all the other tribes in 
southeast Alaska, directing the slaves to be set free at once, and I 
trust my directions will ])e obeyed. On my recent visit to the mining- 
region 1 saw the chiefs of two of the principal tri])es, and was assured 
of compliance with my order. 

While I am able to preserve quiet among the different tribes of this 
portion of Alaska, and insure obedience to orders at any point that can 
be reached by the steam launches of the ship, this duty has been at- 
tended, during the winter, with some degree of exposure to the men and 
officers; and an efficient steamer will l)e of far more service in these 
waters than the Janitxtov^n has been, since all the villages could be 
visited in turn to impress upon the Indians the control to be exercised 
by the Government. This ship is now in entire readiness for sea, and 
I am glad to report the health of the officers and men as excellent. 
Very respectful!}', your obedient servant, 

Henry Glass, 



Hon. Wm. H. Hunt, 

Secretary of the Navy. 



Conuuander.^ Cormnanding. 



Commander Glass to the Secretary of the Navy. 

No. IT.] U. S. S. Jamestown (third rate), 

Sltha, JJash(, Jidy 9. 1881. 

Sir: I have the honor to report that at present quiet and good order 
exist in all parts of this territory. 

On the 14th of June information was received of a serious outbreak 
among- the Chilkats, in which several Indians had been killed. Master 
G. C. Hanus, U. S. Nav3^ was sent to the principal village with a party 
of marines, and two interpreters belonging to the ship's compan}', to 
make an investigation into the affair and take any action possible. He 



380 PAPERS RELATING TO 

was directed, if possible, to put a stop to the lig-hting, and invite the 
leading men to Sitka to make some sort of terms, if they could not agree 
among themselves. He was also instructed to use great caution in 
dealing with the Indians, and to be careful not to force them into the 
attitude of disregarding the authority of a (Tovernment officer. 

Mv. Hanus's reports are so full and interesting that I forward them 
herewith, and 1 can not too highly conunend the zeal and ability of this 
officer in settling at once, and in a satisfactory manner, the most seri- 
ous case of difficulty among the Indians which has arisen since 1 have 
been in conmiand on this station. 

•:r * ■:^ * » •:;- ■;:- 

Very respectfully, your obedient servant, 

Henry Glass, 
, Comn/ander^ Com)iia)id!n<j. 
Hon. Wm. H. Hunt, 

Secvetai'y of the N^avy, Wa-sJui^gton, D. C. 



Chilcot, Alaska, July 1, 1881. 

Sni: I have the honor to report that, in obedience to your orders, I arrived at 
Chilcot, Alaska, at 7.10 p. m. on .June 25, and learned that negotiations for peace 
among the opposing factions of the Chilcots had failed, and that lighting would be 
resumed on the following day. The Chilcots were afraid to go as messengers, but 
finally through the influence of their chief, the Chilcot doctor, three men volunteered. 
I sent for Shatevitch (Chartvich or KIo kutch), the head chief of all the Chilcots, 
the leading man among the Crows and Whales (the two opposing factions), and all 
others whom 1 had orders to invite to iSitka. While waiting for these people to come 
down I interviewed the Chilcot doctor, and found that he was in fear of his life 
because he had told Lieut. Commander C. H. Rockwell of the troubles in Chilcot, 
and I could ol>tain no information from him. I found that this man had exerted 
his influence in the interest of peace, and that there were no comjilaints against him 
w'hatever. Mr. (^leorge Dickenson, who keeps the Northwestern Trading Company's 
post at this station, is a man easily scared, and 1 found him and his Indian wife 
thoroughly frightened on account of the serious difficulty at the upper Chilcot vil- 
lage. It was impossible to get a precise statement from this man. Nearly all his 
information consisted of vague rei)orts and rumors. 

Nearly all the trouble in this country is caused by hoochinoo, made from molasses. 
The Northwestern Trading Company have sold none since the commencement of the 
lighting, and are moving the quantity stored here by the steamer Favonie this trip, 
so that in future, if other jDarties do not introduce it, one fruitful source of trouble 
will be removed. 

I next interviewed the man whose brother hanged himself in Sitka; after thoroughly 
explaining to him your action in the case, he expressed himself as much pleased with 
W'hat you had done and wished me to thank you; also, that he would be satisfied 
with whatever you should decide as a just settlement, but that he alone was irre- 
sponsible, since the head of his family, Donovvak, wdio is chief of the two lower 
Chilcot villages, is at present absent in the Stick country. 

When the news of the suicide first arrived Donowak is said to have made some 
remarks blaming the whites for not punishing the man who caused the death of their 
kinsman; but on learning of your action in this case he nuist have l)een thoroughly 
satisfied, as just before lie left for the Stick country, the troul)le in Chilcot having 
commenced, he called a council of his jieojile and told them to jirotect the trader and 
his property, and to die in his defense if necessary. Kokee, an Indian who it was 
reported had threatened the trader, came to the store and slept there to afford pro- 
tection, if necessary, when the serious troul)ie at the upper village commenced. This 
Indian is also absent in the Stick country. In view of the fact that Donowak and 
Kakie are aljsent it would be useless to send the 1)rother of the man who hanged him- 
self to Sitka. The Chilcot doctor told me he would go, if I ordered him, but as the 
other leading men of his tril)e were absent he did not wish to go just now. Shate- 
vitch, the head chief of the Chilcots, sent word to the trader not to be afraid, but 
should anyone make threats, to send him word and that he, Shatevitch, would have 
to be killed before the trader should })e harmed. 



AMERICAN OCCUPATION. 381 

The messengers returned from Chilcot on the ijiorning of the 27th ultimo and reported 
that all the people sent for were coming down, but as they had not arrived by the 
evening of the 2Sth I concluded they were not coining, and being thoroughly con- 
vinced that many foolish and vague rumors which were reported to me were false I 
decided to see the leading men, even if I had to go to the ujiper village. 

In company with the interpreters I crossed the trail to tlie lower Chilcot village, 
when, just as we were embarking in canoes, Shati'vitch arrived with Katnatz, a young 
Crow chief, and several other men. He apologized for not coming sooner. He was 
giving a feast when he received my message, and informed me that he had brought 
leading men of one faction only; that the others could not come, as, being at the 
upper end of the village, they could not pass the blockade. I learned that eight per- 
sons had been killed — four Crows and four Whales — several had been wounded, and 
one of the wounded Crows, it was expected, would die. The troul)le was the result 
of drunkenness, and I learned that the molasses had been furnished by the Jew trader 
Martin at Rockwell. Shatevitch explained that when the fighting first commenced 
he was absent, and that he had done all he could to promote peace, but two of the 
Crows killed, belonging to the higher class of Indians, were worth a great many lives 
each, and for this reason he was unable to make peace. He also said this was the 
greatest tribal ditticulty that they had ever had. 

I delivered your letter and liad it interpreted, but I saw that no settlement could 
l)e made of the matter unless both sides could be interviewed; so I deternuned to go 
to the upper village with the interpreters. This latter is al;)out 25 miles from the 
lower village, and can only be approached in small canoes. The current is swift, and 
the water in some places so shoal that even the canoes ground frequently. Mr. Bro- 
dock, a photograj)her, who had come here for the purpose of taking pic'tures in the 
upper village, volunteered to go with me, and, learning that the Indians had been 
expecting him, I permitted him to go. 

We arrived at Chilcot at about 9 o'clock in the evening and were hospitably 
received by Shatevitch, who had sent the young chief known as Murderer to receive 
us. A large house, in which the chief keeps his treasures, had been i)rei)ared for 
our reception; a tire had been built, an American stove for cooking purposes was 
brought in, and we were furnished with dishes, blankets for beds, and toilet articles. 
Servants were detailed to wait on us, and some 60 callers i)aid their respects within 
a few minutes of our arrival. Our house was guarded during the night by someone 
sent by Shatevitch. In the morning about a hundred people asseinl)led in the house, 
but I found they were all Crows, and was informed that the Whales did not dare to 
pass the barricades. I endeavored to get them to select men so as to have their 
troubles settled l)v you in Sitka, but though they listened to all I had to say with 
resjtectful attention and wished me to thank you, they declined to go. I then made 
them a long speech and urged them to stop lighting. Several expressed their will- 
ingness to make peace if the Whales would pay 1,000 blankets. This was afterwards 
reduced to §1,000, and still later to $500. 

I next visited the Whales and found that their houses were barricaded. The houses 
in this village are all forts having portholes cut at intervals. I spoke to these peo- 
ple as I had to the CroMS, and found them all anxious to end the tight, because they 
live in the upper part of the village and could not pass the houses of the Crows to go 
fishing or trading. The houses in which the councils were held are about a half a 
mile apart. I pa.ssed from one to the other a nund,)er of times, and about 3 o'clock 
in the afternoon the Crows agreed to make peace if the Whales would make a jirom- 
ise to pay in my presence and that of Shatevitch. This the Whales finally did. The 
amount can not be decided for some time, since it depends on the death or recovery 
of a wounded Crow. The excitement among the Indians of the councils was intense, 
but all were respectful to me. I had invited Shatevitch to go below, but he does not 
wish to leave his people just now; besides, his son is a Crow, and he wants to meet 
him as he comes from the Sitka country, to prevent trouble on his part. Peace hav- 
ing been made, the Whales and Crows will now meet everywhere, and on account 
of the recent deaths of their friends and the bitter feeling which still exi.sts it is pos- 
sible that disturbances might recommence before the final settlement, and I have 
therefore left the corporal and two privates who accompanied me to this place at the 
Xorthwest Trading Company's post to protect the lives of the trader and family, as 
also the property at the post, and I int'lose a copy of ]Mr. Vanderbilt's request, as'also 
of the orders I gave to Corporal Jacobs, in charge of the detachment. In obedience 
to your orders, I will return to Rockwell, Alaska, and will report to Lieut. Com- 
mander C. H. Rockwell for duty. 

Respectfully submitted. 

G. C. Hanus, Master, U. S. Xanj. 

Commander Henry Glass, U. S. Navy, 

Commandin(j. 



382 PAPERS RELATING TO 

Commander LuJJ to the Secretary of the Navy. 

U. S. 8. Wachusett (third rate), 

Sitk-a, Atasla, Septemler 8, 1881. 
Hon. W. H. Hunt, 

Secretary of the Navy., 

Washin(/fo)i, D. C. 
Sir: 1 have the honor to inform the Department that since the date- 
of my last report everj'thing has been quiet in the Territory. 

4 * " * * * * * 

At Chilcat" 1 sent for the chiefs and leading men of the two totems — 
"Whales and Crows— that had recently been at war with each other. 
I found that they had just settled their difficulties b^^ the payment of 
100 Itlankets b}^ the former to the latter. And in my presence they 
shook hands and promised to live peaceably with each other and with 
the whites — they have never molested the latter. The villages of these 
people are, unfortunately. 25 miles beyond the reach of this ship, being 
up a rapid and shallow river. 

******* 

Since my return here I have received a note from Lieutenant-Com- 
mander Pigmon informing me that an old feud between the Kootze- 
noos and the Auks had been adjusted in his presence b}^ the voluntary 
act of the former, who had come to Rockwell for the purpose. This, 
1 have no doubt, is the outgrowth of the successful efforts of Com- 
mander Glass to make peace between the ditierent tribes during the 

last vear. 

'******* 

Very respectfully, Edward P. Lull, 

Commander^ Commanding. 



Commander Coghlan to the Secretary of the Navy. 

No. 7.] U. S. S. Adams (third rate), 

Off SIthj, Alaslri. July 11, 1881^. 
Sir: On the 20th of June I received a dispatch from the Committee 
of Safet}' of Juneau City, informing me of a murder having been 
committed )\y a Stickene Indian, and asking the presence of the vessel 
at that place to prevent troiible. So soon as temporary repairs could 
be made on the boilers, the morning of the 22d, we started for Juneau 
City, stopping over night at Hoonyah, and arrived there the afternoon 
of the 23d. I found that the Stickene had murdered his wife (wife in 
the Indian sense), who was one of the Chilcat tribe, and that mem))ers 
of that tribe were furious for revenge, but had consented to await my 
action. I had the murderer transferred to the ship and confined; 
cautioning the Indians that I would have his case properly attended 
to, and would punish anyone creating any disturbance about it. 
* * ***** 

I shall retain the Indian nuirderer until I hear further in regard to 
civil government, and if there is an^^ prospect of a term of court in 

«Tor other adjustments of difficulties between the Chilcats and other tribes, see 
logs of U, S. S. Wachusett, for August 23, 25, 29, and 30, 1881, post page 397. 



AMERK'AN OCCUPATION. 383 

the near future, will try to have him tried l)v the Alaska court; other- 
wise he will have to be sent to Portland, Oreg. 

* * * * * * * 

Kespectt'uUy, etc., J. B. Coghlan, 

Commander^ OnDinandii'ifj. 
Wm. E. Chandler, 

Secretary/ of the JVdvy. 



Contnumde)' XicJwh to the Secretary of the \((ri/. 

No. 3.] U. S. S. PiNTA (fourth rate), 

S!tl-a. Alaska, S€2>teinher 20, 188Jf. 

Sir: 
* ****** 

There is also one Indian contined and awaiting trial on a charge of 
murder". This latter prisoner 1 turned over to the United States 
marshal on the 15th instant, but owing to the peculiar circumstances 
of the case 1 consented, at the verbal request of the governor, to re- 
tain him under the marine guard as before and to continue his sub- 
sistence as a supernumerary until such time as the marshal could 
control it. 

« «* • * *^» 

H. E. Nichols, 

Ce>rnmandei\ Commanding. 
Hon. Wm. E. Chandler, 

Secretary of the Navy, Washington, D. C. 



Commander Nichols to the officer of detail. 

U. S. S. PiNTA (fourth rate), 

Juneau, Alaska, June 8, 1886. 
Sir: I have to report the Plnta at Juneau, having arrived on the 
6th instant from Chilcoot, where the ship has been l^'ing since the 
date of my last report. I left the steam launch there in charge of an 
officer. As soon as the mail steamer returns from Sitka I shall go 
back to Chilcoot, and will remain there as long as necessary,^ probably 
until about the end of the month, when, if the miners have gone m 
and all is quiet, I shall send the launch back to Sitka and come here 
with the ship, and about the middle of July take the ship to Sitka to 
till up with provisions. 

Very respectfully, 

H. E. Nichols, 

Commanding Pinta. 
The Officer of Detail, 

Navy Dejyartment, Washington, D. C. 

«See letter of Commander Coghlan to Secretary of Navy July 11, 1884, reporting 
the arrest of a Chilkat Indian at Juneau, ante page 382. 

^J The F\)da was stationed at Chilcoot Inlet, at head of Lynn Canal, from April 27 
to June 18, 1886. (See various logs of vessel, April 25 to June 18; see also Lieuten- 
ant Emmons' report to Secretary of the Navy of March 28, 1903. ) This was in 
order to prevent trouble between the miners, who during this season of the year 
entered the interior over the trails to the Yukon gold fields, and the Chilkoot and 
Chilcat Indians, which tribes had constructed and claimed control over the trails. 



38Jr PAPERS RELATING TO 

J//'. Ilahn and othem to Governor Sanneford. 

Juneau, Decend)er 21^ 1886. 
His Exoellt^noy, Governor Swineford, etc. 

8ir: A\'e would res]ieftfully a.sk of yoxx to use your intiuence or 
authority to have the U. S. S. Plnta stationed at Chilcoot to pre- 
vent trouble with Chilcoot or other Indians. As we expect a large 
immigration to this territory and the Yucon the ensuing season, and 
as they are unaccustomed to the ways and customs of Indians, we 
think that the ship being stationed there would have a beneficial eti'ect 
and would be the means of preserving the peace, and prevent such 
trouble as we had last season. " Parties talk of leaving here about the 
middle of February, 

We are, sir, yours, respectfully, 

P. Hahx and others. 

Respectfully referred to Lieut. Commander John S. Newell, with 
the recommendation that the request of petitioners be favorablj^ 
considered. 

A. P. Savinefoud, Governor. 



Lieidenant-Couiinandvr Newell to the Seerdary of the Navy. 

No. 7.] U. S. S. Pinta (fourth rate), 

Jiineax., A/aska, May 18^ 1887. 

Sir: I have the honor to report that affairs throughout southeastern 
Alaska are in a quiet condition. 

Since the last report. No. 6, dated Sitka, April 16, 1S8T, the move- 
ments of this vessel have been: Left Sitka April 2(1. anchoring that 
night in Lindenberg Harbor, Peril Straits, leaving there on the morn- 
ing of the 21st. Killisnoo was visited, and that night anchorage 
obtained at "Adams Anchorage,'' Shelter Island, remaining overnight. 
On the 22d steamed in and out of William Henry Harl)or; anchored 
in Portage Cove, Chilcoot Inlet, where we remained until the 2d of 
May, wdien I took the vessel to the head of Taiya Inlet for the day, 
returning to Portage Cove in the afternoon. On the !<th instant left 
Portage Cove and anchored in Pyramid Harbor, Chilkat Inlet, leaving 
the next morning for Swansons Harbor, Cross Sound, which was 
reached the same evening, and on the 11th Hooniah, Port Frederick, 
Cross Sound, was visited. The next day, the 12th, left Hooniah, and 
reached this place on the same day. 

• • • » • » • 

Wishing to show the vessel at all Indian settlements, also for the 
information of the ofhcers and myself, not having the services of a 
pilot, I have visited nearly all the anchorages between Sitka. Chilcoot. 
and this place. 

•X- * * * -X- * * 

Upon my arrival at Portage Cove I found the Indian village almost 
deserted, the inhabitants having gone some days before to the head of 

«See log of U. S. S. Pinta, of May 20, 1885, showing the PMa as stationed at 
Chilcoot, i)ost page 397. 



AMERICAN OCCUPATION. 385 

Tui^^a Inlet for the purpose of packing for the minors who enter the 
Yukon. 

P^verything- was reported quiet at the head of the Inlet, and that 
nearly all the miners there had gone in. 

* * * * w * * 

On April 21> a larg-e party of Chillvat Indians returned to Portage 
Cove from the head of the Inlet and immediately proceeded to their 
village, al)out 40 miles up the Chilkat River, preparatory to going over 
their own trail on a trading expedition to the interior, I have heard 
that the Chilcoots refused to allow them to pack. 

On May 1 a party of Chilcoot Indians, including the two chiefs, 
came down from the head of the Inlet to Portage Cove, Avhere 1 had 
an interview with them. Tliey w^ere much disturbed, apparently from 
a report circulated, by whom I am not informed, that I intended to 
arrest them. Telling them that this was not my intention, and to 
assure them of the good will of the Government, as well as to show 
them that the vessel could reach the head of the Inlet. I determined to 
go there in the vessel, which 1 did the following morning, giving them 
a passage. This is the largest vessel and the first man-of-war, as I am 
informed, that has ever ascended the Inlet, which is navigable for about 
13 miles. 

I impressed upon the Indians that this vessel was there as much in 
their interests as in the interests of the white people; that they (the 
Indians) could uiake their own bargains and work or not work, and 
that the}^ could not interfere with or prevent the whites or others 
passing through the country over the trail; also that any Indian or 
other person had a right to work there without let or hindrance. This 
seemed to be understood by them. 

In my interviews with the white tradei"s there, two in number, I 
could not find out that there had been any trouble between the Indians 
and the whites, but that among the Indians there was more or less 
jealousy on account of the packing. The Chilcoot tribe has two chiefs — 
Donnewak, the head, and Klanott. the second. The latter, from his 
shrewdness and ability, perhaps, is the working chief and has become 
the wealthiest. He is reported as having a l)ad temper and as being 
overbearing in disposition, and it is toward him that most of the ill 
feeling of the whites is directed. 

In conversation with the miners, men from ^Montana and elsewhere, 
they have had no complaints to make and think the terms made with 
the Indians reasonal^le, considering the difficult work, and that they 
anticipate no trouble whatever. 

On the other hand, there are some miners, judging b}^ the articles 
that appear in the Alaska Free Press, published at Juneau, that find 
fault and complain of the Indians and their exorbitant charges. This 
class, I think, are few in niuuber. In the last issue of this paper, a 
copy of which is inclosed, a policy ('"cold lead") is spoken of that will, 
if followed, be regretted and prove disastrous to many innocent men. 

There is no doubt that in course of time, with sufficient force, the 
Indians could be severely punished and brought into subjection. 
Dependent, as they are, for food upon tide water, the}' could be driven 
into the interior and their supply of fish — the main article of diet — 
cut ofi^^ entirely, or so reduced as to impose upon them great suffering, 
The different tribes are so closely allied b}- intermarriage that the 
cause of any one tribe will be espoused b}' the others, and in order to 

21528—03 32 



386 PAPERS RELATTISTG TO 

punish any one tribe all the others in that vicinity would have to be 
closely watched, if not included in the punishment, to make it a suc- 
cess. In the meantime the white men, unless banded tooether for 
mutual protection, would be unable to go and come as they now do 
without imminent risk of their lives. White men are now able to go 
and come unmolested and to follow their avocations, even singly, as is 
shown by entering and coming out of the Yukon as well as prospecting 
and trading all over this country as they do. 

From m\" own observations and from the experience of others 1 have 
formed the opinion that the Indians of Alaska are peacefully inclined, 
and if treated in a fair and equitable manner are more or less tractable; 
but when subjected to oppression or coercion and fed by stimulants 
they ma}" be led to commit outrages. 

A complaint, made known to me only through the press, of having 
to pay toll for passing over the trail leading into the Yukon is a mat- 
ter that will, I think, eventually come before the court here for deci- 
sion. If it is collected, of Avhich I am not certain, it certainly has prec- 
edents throughout the country. At the head of Taiya Inlet is a white 
trader. Capt. J. J. Healy, who runs a small steamer back and forth 
from Juneau, carrying miners and their supplies. He has at present 
men working on the trail, with the view, I am informed, of introduc- 
ing pack animals to do the work now done by the Indians; and in a 
conversation with me on the subject he stated that, previous to his 
coming here, he had been engaged in collecting toll over a road in Mon- 
tana. He admitted to me that the Indians have expended labor on this 
trail. 

The Indians, with their primitive and narrow ideas, consider this 
trail the property of their tribe. It was by this path that the tribe 
for generations communicated with the interior and thus gained a 
livelihood, and they look upon its becoming a highway as an infringe- 
ment for which they are entitled to compensation. I have no doubt 
but what, if this trail is made practicable for pack animals, it will 
create great feeling and may lead to trouble. Already the Indians 
regard the work being done with suspicion, and Klanott has I'equested 
Captain Healy, so the latter informs me, to withdraw his men, which 
request was refused. The jealousies existing between the traders 
make it very difficult to form a just opinion, especially, so where in 
their intercourse with the Indians the son of one trader acts as the 
interpreter for the Indians in their talk with the other trader. 

Upon the return of this vessel to Chilcoot it is my intention to send 
some officers over the trail in order that they may make a report upon 
it, a copy of which report, with a statement of the Indians and also one 
from the white traders, I shall submit in behalf of the Indians, at their 
request, to the court for its information and opinion. There being no 
civil oflicers of the Government within lOU miles of Chilcoot and the 
knowledge of the civil government, I have informed the Indians that I 
would su))mit the question for them; which action on my part I hope 
will meet with the approval of the Department. 

If the news from the Yukon should not be favorable to keeping 
alive the gold excitement, then the trail will no doubt be aV)andoned 
by the whites. 

Klokwan, the head village of the Chilkat Indians, the largest and 
most powerful tribe in that part of Alaska, not having been visited b}^ 
any naval officers for seven years, and very seldom by white people, 
I considered it desirable that,*^ for the better information of the Gov 



AMERICAN OCCUPATION. 387 

ernment and for the o-ood of the Indians, the villag-e should be visited 
and reported upon. I sent a party under Lieutenant Emmons to 
visit the place. The report when completed I will forward to the 
Department." 

The party, consisting- of two officers and two interpreters — Master A. 
E. Austin, having- volunteered his services as an interp)"eter, made one 
of the part}' — left the ship on the 30th of April and ascended the river 
on foot, camping- the lirst night at a deserted village and the next morn- 
ing proceeded until they met a summer village of Indians, who, though 
not opposing their advance, discouraged their proceeding farther and 
strongly manifested a feeling against their advancing. They would 
not in any way assist them. This, with the failure on the part of 
Indians to fultill contracts made for transportation and that messages 
had been repeatedly sent to the chief of the intended visit, led Lieutenant 
Emmons to return, which he did, reaching the vessel that evening. 

Upon the return of the vessel from head of Taiya Inlet the 3^oung 
son of the Chilkat chief came on board, having been sent b}^ his father 
to apologize for the behavior of the Indians at the summer village, 
also to express his regret that the party had discontinued their journey, 
and to invite them up. The tribe were packed ready to start on a trad- 
ing expedition to the interior, and their departure should be delayed 
until the visit had been made. 

The party left again on the 3d of May and returned on the 6th, hav- 
ing been most cordialh' received and treated. The party returned 
under the care of members of the family of the chief, Chartrich. 

Chartrich sent word that upon his return from the trading expedi- 
tion he would come down to see me, as he had several things he wished 
to talk about. These expeditions generally last about twenty-five days, 
and I shall endeavor to have an interview with him upon his return. 

The expenses of this trip I have had made a public bill, which I trust 
will meet with approval. 

Heretofore at the fish cannery that is open during the run of fish in 
the Chilkat Inlet the Indians have been paid by trader's tickets. This 
Chartrich said his men would like to have stopped and receive their 
pay in coin, thus enabling them to trade where they chose. In an inter- 
view w^ith the foreman of the cannery he told me that that was his 
intention and that no trader's tickets should be used. 

Up to this date about two hundred miners have crossed the trail 
into the Yukon. 

I am, very respectfully, 

J. S. Newell, 
Lieutenant- C'omniande7\ Couvnianding . 

The Secretary of the Navy, 

Navy Department^ Washington^ D. C. 



Lieutenant- Couwiander Newell to Governor Swlnefm'd. 

U. S. S. PiNTA (fourth rate), 

Juneau, AlasJca, AEay 23, 1887. 
Sir: I have the honor to communicate to you, for the information of 
the civil authorities and for such action as can be taken in the matter, 

« For extract of report see enclosure to Lieutenant Emmons' report to the Secretary 
of the Navy of March 28, 1903, on his service in Alaska, post page 406. 



388 PAPERS RELATING TO 

a wish expressed \v Chartrieh, the chief of the Chilkat tribe of Indians, 
that the sale of molasses in large quantities to his tribe by the traders 
at Juneau and elsewhere be stopped, thus cutting- oti' the supply from 
which hoochenoo is made. 

Respectfully, J. S. Newell, 

Lieutenant- Commander ^ Commanding. 

Hon. A. P. Sw^INEFORD, 

Governor of Ala><h'a., SitTia. 



Lieutenant- Commander Newell to the Secretary of the Navy. 

No. S.] U. S. S. PiNTA (fourth rate), 

Juneau^ Alaska., J fay i^^, J 887. 

Sir: I have the honor to inclose the report of Lieutenant (Junior 
Grade) Emmons of a visit made to Klakwan, the head village of the 
Chilkat tribe of Indians. " It will be seen by the report that the pop- 
ular belief that this village is fortilied and is unaccessible except by 
water, and that only through narrow, shallow, and tortuous channels, 
is removed. 

The desire of the chief, Chartrieh. that the sale of molasses in large 
quantities to the Indians be stopped I shall communicate to the civil 
authorities for their information and such action as they can take in 
the matter. 

* * ***** 

Very respectfully, 

J. S. Newell, 

Lieutenant- Commander, Commanding. 
Hon. Secretary of the Navy, 

Navy DejKirtment.) Washington, D. C. 



Governor Stoineford to Lieutenant- Commanded' Newell. 

District of Alaska, Executive Office, 

Sitka, Alaska, June 1, 1887. 
Sir: I have the honor to acknowledge the receipt of your communi- 
cation of May 23d, conveying the wish expressed by Chartrieh, the 
chief of the Chilkat tril)c of Indians, that the sale of molasses in large 
quantities to his tribe by the traders at Juneau, and elsewhere, be 
stopped. In reply I regret being compelled to say that the law places 
no restriction upon the sale of sugar and molasses to the natives, and 
that I am powerless in the premises. All I can do, at the most, is to 
prefer a request to the Juneau traders that they desist from making 
such sales, and leave them to heed the request or not, as they may 
see fit. 

******* 

Very respectfull}'', yours, 

A. P. Swineford, Governor. 
J. S. Newell, 

Lieutenant- Commander, Commanding U. S. S. Pinta. 

« For extract of report, see Lieutenant Emmons' report to Secretary of the Navy, 
of March 28, 1903, on his service in Alaska, post page 406. 



Sir: 



AMERICAN OCCUPATION. 889 

Governor Swineford to Lieutenant- Commander Neioell. 

District of Alaska, Executive Office, 

Sitha, Alaxhi, June 1, 1887. 



I have received, per the steamer Idaho., a letter from Loring stating 
that there is trouble brewing with the natives at the mouth of the 
Junoc'^' River, which empties, I believe, into Behms Canal or channel 
about ■10 miles above Loring, and I am asked, if possible, to come 
there, or, failing in that, to send the war ship to teach the natives a 
lesson — or rather to remind them that the Government is not unmind- 
ful of their misdeeds. The trouble is threatened by an Indian chief 
called Johnson, who has control of all the natives in that section and 
who two or three years ago burned a miner's house and provisions, 
and who, I am informed, less than a month ago drove all the men away 
from a fishing establishment at the mouth of the river in question. 
There is a very considerable and promising mining interest on the 
Junoc^ Kiver, and in my opinion the miners of that section are more 
in need of protection than those seeking the headwaters of the Yukon. 

1 have been told that you contemplate a trip to the southward as 

soon as you feel justilied in leaving your present anchorage. If such 

be the case, and knowing your zealous desire to do all in your power 

to pi'omote the interests of the Territory, I feel justilied in requesting 

you, if not incompatible w^ith your ideas of duty, to come this wa}^ and 

take me with you to the place of the threatened disturbance. 

* " * » « * * «• 

Very respectfullv, yours, 

A. P. SwTNEFORD, Govemor. 
J. S. Newell, 

Lieutenant- Commander^ Commanding U. S. S. Plnta. 



Governor Sioineford to Lieutenant- Commander Newell. 

District of Alaska, Executive Office, 

^ithi, June 21, 1887. 
Sir: I have the honor to inclose herewith letter of Max Pracht, 
esq., in connection with which I desire to say that upon the represen- 
tations herein made, together with the verbal statement of the elder 
Mr. Millar, my communication addressed to you under date of June 
1, in which I requested the privilege of accompanying you to that sec- 
tion of the Territory, should you conclude to make a cruise in that 
direction, was based. 

Should the alleged facts set forth be deemed l)y you sufficient to 
warrant you in visiting with your ship the various settlements in that 
part of the Territory, particularly the one where trouble is alleged to 
be imminent, and you desire, for any reason, to have a copy of the 
inclosure, I will cheerfull}^ have such copy made. In the meantime 
if you will kindly return Mr. Pracht's letter I will be very much 
obliged. 

Very respectfully, A. P. Swtneford, 

Governor of Alaska. 
J. S. Newell, 

Lieutenant- Commander., Commanding TJ. S. S. Pinta. 

« Unuk River. 



390 PAPERS RELATING TO 

Alaska Salmon Packing and Fur Company, 

Loring, Alaska, May 27, 1887. 
Governor A. P. Swineford, Sitka, Alaska. 

Sir: On behalf of Alexander V. Andrew Millar, and Joseph Millar, sr., of Bur- 
roughs Ba}', mouth of Juneau « River, I beg to submit to you for consideration and 
action the following complaint, statement of facts, and appeal: 

It has been a matter of complaint and a sore grievance among the miners, pros- 
pectors, and others, who during the last few years have sought to open up and 
develop the rich placer diggings of Juneau" River, that the self-styled local "Tyee," 
a Siwash of evil repute called "Johnson Old Man," with the assistance of his 
numerous " tillicums," consisting of several generations and branches of the "John- 
son" family, has attempted, and in several cases prevented, the ascent of the stream 
by miners; has threatened destruction upon those who should again attempt the 
ascent, and it is alleged and believed, though for the want of eye-witnesses not 
proven, that he is the identical Siwash who robbed and burned the miners' cabins 
on the river in the fall of 1884, and is now said to be ready, for want of the proper 
restraining influence (a wholesome fear of the white man), to enter upon a season of 
arbitrary dictation to the compliance of his unreasonable and unacceptable demands, 
or in default thereof to "clean out" all the white men upon his "illihie," as he 
chooses to call all that territor}'^ including Burroughs Bay, all that portion of the 
Juneau « River within the boundaries of Alaska, and that portion of Behms Channel 
bounding Revilla Gigedo Island upon the east, and extending from the southern 
extremity of Hassler Island to the northern extremity of Revilla Gigedo Island, a 
distance of about 80 miles. 

******* 

It is therefore the prayer of your many subjects, who are trying to develop this 
part of the vast Alaskan wilderness, that you send one of the two men-of-war, sup- 
posed to be at your disposal, to pay a visit to the disturbed district mentioned, and 
by her presence, by moral suasion, or, if needs be, by a little desirable artillery j^rac- 
tice, convince these unworthy, ungracious, and ungrateful squatters upon the public 
domain of the United States (for be it remembered these Johnsons do not live in or 
upon this vast stretch of country, but at Cape Fox Town, claiming dominion only 
because of it being their self-approi^riated so-called "hunting grounds" ) that there is 
a power beyond and superior to themselves which the white man respects and the 
Siwash must obey. 

* * * * * * * 

If the Thetis, on her way up the coast, could be induced to pass up Behms Chan- 
nel, east side, and call in at Burroughs Bay, it is my belief that her presence will 
avoid the possibility of encroaching mischief on the part of the "Johnsons" during 
the coming season and prevent the opening of a war of extermination between them 
and the miners, who have perhaps sufficient cause, as is claimed, to make "good 
Si washes" of most of the tribe. 

With sincere respect, I am, yours, truly. 

Max Pracht, 
Supermtendent Alaska Salmon Packing and Fur Company. 



Lieutenant- Coil iTiiander Newell to- Governor Sivineford. 

U. S. S. PiNTA (fourth rate), 

Sith-i, Alatil-a, June 23, 1887. 

Sir: 1 have the honor to acknowledg-e the receipt of your letters 

dated June 1 and 21, the latter inclosing- a letter of Max Pracht. esq.; 

and in reply would state that it is my present intention, as soon as 

some necessary repairs now commenced are completed, to visit the 

settlements in southeastern Alaska, and I shall be most happy to offer 

you a passage on this vessel, as requested in vour letters. 

******* 

Very respectfully, . 

J. S. Newell, 
Lieutenant- Commander .f Commanding. 
Hon. A. P. Swineford, 

Governor of Alaska. 

« Junoc or Unuk River. 



AMERICAN OCCUPATION. 891 

Lieutenant- Commander NeweV to the Secretary of the Navy. 

x\o. 9.] U. S. S. PiNTA (Fourth Rate), 

S'dhi, Alaska, June 16, 1887. 

Sir: 1 have the honor to inform the Department that affairs through- 
out southeast Alaska remain in a quiet condition. 

This vessel left fJuneau on May 26, the day after the departure of 
the mail steamer, and proceeded to Portage Cove, Chilcoot Inlet, and 
then to Taiya Inlet, where she remained until June 8, when the return 
trip to Sitka was begun, arriving here June 14. 

While at the head of Taiya Inlet a party was sent over the trail 
leading into the Yukon Valley as far as the summit, the boundary 
between Alaska and British America. The party returned the third 
da}'^, and the report of the senior officer, Lieut. A. McCrackin, will be 
forwarded for the information of the Department by this mail.'^' The 
expenses for the transportation of this party I have made a public 
bill, which I trust will meet with the approval of the Department. 

From Portage Cove to the head of Taij'a Inlet I gave passage to Mr. 
S. Ripinsky, the Government school-teacher at Haines, and from the 
head of Taiya Inlet to Portage Cove 1 gave passages to Mr. Ripinsky 
and the family of George Dickinson. 

While at Portage Cove I met a Canadian survey part}" under W. 
Ogilvie, and towed up to the head of Taiya Inlet their baggage.'^' This 
survey is divided into two parties; one under a Mr. Dawson, of the 
geological survey of the Dominion, who also has charge of the entire 
survey, has proceeded up the Stickeen River, then to cross to one of 
the branches of the Yukon, intending to descend it as far as the mouth 
of the Stewart River; the other part}", under Mr. Ogilvie, started 
from Pyramid Island, Chilcat Inlet — the astronomical position of this 
island having been determined by the Coast Survey in 1869 — having 
previously asked authority from me to begin these, which request I 
cheerfully granted, — and worked across the portage to Portage Cove; 
thence up Taiya Inlet, intending to follow the Indian trail over the 
mountains to the Yukon, descending that river and joining Mr. Daw- 
son's party at the mouth of the Stewart River. 

From this point Mr. Dawson will return by the way of Taiya Inlet, 
Mr. Ogilvie continuing on down the Yukon until the one hundred and 
forty-iirst meridian is reached, the boundary between Alaska and 
British America; there a stay of two months will be made to deter- 
mine the location by observation. From this place Mr. Ogilvie 
intends ascending one of the branches of the Yukon, and then b}" a 
portage reach a branch of the Poi'cupine River, ascending that and 
by a portage reach Fort MacPherson on the Mackenzie River, ascend- 
ing that river on his return trip. Mr. Ogilvie does not expect to 
complete his journey before November, 1888. The effects of this 
party had been transported, when I left, by the Indians to the sunmiit 
of the divide, and Mr. Ogilvie had advanced some 10 miles from tide 
water. 

William Moore, a British subject, is prospecting over the Indian 
trails with a view of making a better road to the interior; he informs 

«See log U. S. S. Pinta, of May 31, 1887, pos< page 399. 



392 PAPERS RELATING TO 

me that he has a concession from the Canadian government to build 
one. 

The Stick Indians, those inhabiting the interior, are British subjects. 
Thev come over into this territory and want to pack over the trails. 
It would be 1)etter if thev confined themselves to their own territor}^, 
which begins at the summit of the divide. 

****** * 

Verv respectfully, 

J. S. Newell, 
Luufenant- Commander^ Commanding. 
The Secretaky of the Navy, 

Navy Department ^ Wa><Ii!n(/ton. D. C. 



Lieutenant- Commander Newetl to the Secretary of the Navy. 

No. l»'.j U. S. S. PiNTA (fourth rate), 

S!tl-a. Alaska, June 16, 1887. 
Sir: I have the honor to inclose the report of Lieut. A. McCrackin 
upon the Indian trail leading from tide water at the head of Taiya 
Inlet into the interior, being the same generally traversed by miners, 
prospectors, and traders that enter the valley of the Yukon. 

It is my intention, at the request of Claanot, second chief of the 
Chilkoot Indians, and with the knowledge of the civil government, for 
the information of the civil authorities and the benefit of the Indians, 
to present Claanofs statement, with such portions of Lieutenant 
McCrackin's report as bear upon the subject, to the authorities here, 
as Claanot is desirous to obtain an opinion as well as to present the 
views of the Indians on the trails leading into the interior. 

In my letter to the Department, No. t, of May 18, 1887, I referred 
to m}^ intention to send a party over the trail to obtain a report upon 
the same. 

With the hope that my action will meet with approval, 
I remain, very respectfully, 

J. S. Newell, 
Lieutenan t- Com m an der, Com man ding. 
The Secretary of the Navy, 

Navy Department, Washington, D. C. 



[Report of Lieutenant McCrackin's trip over Chilcoot trail.] 

U. S. S. PiNTA (fourth rate), 

Schuize Cove, Alaska, June 11, 1887. 
Lieut. Commander Joiix S. Newell, U. S. Navy, 

Co)ii)nanduig. 

Sir: I have' the honor to make the following report of the trip over the Chilkoot 
trail leading into the interior from the head of Taiya Inlet, Alaska, which was made 
in obedience to your order of Mav 31, 1887, a copv of which is inclosed marked 
"Exhibit A." 

The party, consisting of Ensign C. P. Plunkett, John Blake (M. at A.), David Sam 
(C. H.), and myself, then lying at anchor at the head of Taiya Inlet, reached the 
Indian village alsout 3 p. m. on May 3L 

This village is about one mile from salt water, and is situated on the Taiya Eiver. 
It consists of over one hundred tents, brush huts, and log houses, and is inhabited 



AMERICAN OCCUPATION. 393 

during the packing season by the Chilkoots, although there are now in the village 
a few Stick Indian? who have come out from the interior. 

The Chilkoot Pass of the Katnsk Mountains is given as 4,100 feet above the level 
of the sea by Schwatka, who calls it Perrier Pass. A few hundred yards north of 
the summit is Crater Lake, which is said to be the head of the Yukon River. It was 
covered with ice and snow. 

As this summit is the highest land on the trail between the Taiya Inlet and the 
Yukon River, it is probal)ly on the boundary line between Alaska and British 
America; so the party did not go beyond it, except to look at Crater Lake, which is 
not all visible from the very summit. 

******* 

In regard to packing over this trail, which is claimed by the Chilkoot tribe of 
Indians: Formerly, the Chilkoots would not permit any other person to use it, and 
they acted as middlemen between the white traders on the coast and the Indians 
of the interior. Now the Stick Indians bring their furs over the trail, and one of 
their chiefs told me that the Chilkoots did not interfere with their trading with the 
white men, but he said that the Sticks did not feel free to pack over the trail with- 
out the permission of the Chilkoots. 

The first chief of the Chilkoots is Donawauk, who is quite old. The second chief,. 
Claanot, is a young man, and has pushed himself into the first place in the tribe, and 
all seem to be afraiil of him. Inclosed, marked "Exhibit B," is Claanot's statement. 

There is one white man, George W. Carmack, engaged in packing over the Chilkoot 
trail. He told me that he had no trouble with the Indians, who do not interfere with 
his packing. 

Another white man, John Wilson, had been packing, but he is now in Juneau. 

"Wilson had some ditticulty with Claanot. Carmack, who was a witness, said that 
Wilson was to blame for the whole trouble, and his version of the affair agrees with 
Claanot's, which is inclosed. 

Carmack says the Stick Indians came to him very much frightened when the 
Pinta came up the Taiya Inlet, as some busybody had told them they were all to be 
arrested and put in irons on account of the alleged shooting of white men in the 
interior by Indians. 

The Stick chief told me that he did not feel that Claanot's statement that any 
person was at liberty to pack o\'er the trail was intended to last longer than the 
Pinta was in sight, and that he would not now undertake to pack without first 
getting Claanot's permission, but in all my talks with Claanot he expressed himself 
as he has done in his statement. 

Mr. Trowbridge, of the party the Pinta took from Sitka to Portage Cove, and who 
had come out for more supplies, said that the party that preceded his had paid Claanot 
$10 for a full pack (i. e., 100 pounds) to the summit, and that they could have made 
the same bargain, but they paid Claanot SlO for a half ]iack in order to keep on 
friendly terms. A Stick Indian came out with Mr. Trowbridge, and this Indian was 
willing to take a pack to Lake Lindemann for $10, bat was afraid to do so on account 
of Claanot. 

However, Mr. Trowl.)ridge and all the other miners who were cjuestioned said that 
while they thought the Stick Indians ought to be given a chance to pack, they had 
nothing to complain of Claanot, who "acted like a man whenever he was so treated." 

In ascending the steepest part of the trail, I saw Claanot, who had no pack, take 
the pack of a white miner and carry it to the summit out of pure kindness, as he 
received nothing for it. 

In regard to the rumor of toll being asked by Claanot, I believe there is no truth 
in it, for I could find no person who had paid toll or of whom it had been demanded. 

Pack animals could be used on the greater part of the trail in its present condition, 
but, on account of the shortness of the season during which it is feasible to go into the 
interior, it is not probable that they will be used until the travel is largely increased. 

The money value of the lal)or done on the trail is not great, but what has been 
done is due to the Chilkoots (Healy's work being comparatively nothing), who 
have claimed the trail and the sole right to use it, and their claims have always been 
acknowledged and resi>ected until lately. 

Of course the development of the interior, even if it is British territorj', can not be 
retarded by this ownership of the trail by the Chilkoots; but the present needs of 
transiiortation are filled by those Indians, whose prices for packing to the summit — 
the probable extent of our territory — are not exorbitant. 

The Chilkoots do not appear to be anxious to pack beyond the summit, and it 
would seem proper for the Stick Indians, who are British subjects, to do the packing^ 
on their own territory, and confine themselves to their own side of the mountains. 



394 PAPEKS RELATIIMG TO 

In case of a demand for increased facilities for transportation it seems just and 
proper that the Chilkoots should be paid for their trail — either a lump sum or so 
much for each pound that goes over the trail. 

If it is found that Claanot's statement was not made in good faith, the civil 
authorities, with Indian police, could easily preserve order and enforce that statement. 

If the Indians became ugly, a vessel stationed in Taiya Inlet or a t-ompany quar- 
tered at the village would have no difficulty in keeping the trail open, and the Chil- 
koots, who are a littoral tribe, in absolute subjection. 

In conclusion, my thanks are due to Ensign C. P. Plunkett for his' cooperation; 
also to John Blake (M. at A.) and David Sam (C. H. ), the latter being a very good 
interpreter. 

Very respectfully, 

Alexander McCrackin, Lieutenant. 



Exhibit A. 

U. S. S. PiNTA (fourth rate). 

Portage Cove, Chilcooi Inlet, Alaska, May 31, 1887. 
Sir: It is desirable to ascertain the condition of the trail leading into the interior 
from the head of Taiya Inlet. For this purpose you are detailed as the chief of a 
party to go over the trail and return )jy the same route. 

The party will consist of yourself as the senior member, Ensign C. P. Plunkett, 
John Blake, master-at-arms, and David Sam, coal heaver. 

The trip will not be extended beyond the boundary line between Alaska and 
British America and, it is thought, will not consume more than five days. 

Upon the completion of the duty you will return and resume your duties on board 
this vessel. 

You will report to me in writing, in duplicate, the result of the trip, together with 
your observations and such opinions as you may desire to express. 
Respectfully, 

J. S. Newell, 
Lieutenant- Commander, Commanding,, 

Senior Naral Officer Present. 
Lieut. A. McCrackix, U. S. Navy, 

U. S. S. Pinta. 



Exhibit B. 

U. S. S. PiNTA (fourth rate). 

Head of Taiya Inlet, Alaska, June 2, 1887. 

I, Claanot, chief of the Chilkoot tribe, make the following statement: 

I\Ir. Haley wishes to take away our road or trail to the Yukon, which my tril)e 
does not like, as we made it long ago, and it has always been in my tribe. 

We fixed the road good, so that the miners would not get hurt, and Mr. Haley is 
putting sticks or logs on it, so he can get pay for people going in over our trail, and 
Ave do not want to see that. 

When the miners come here I talk kindly to them, but some of them begin to 
swear, and then they sa)^ I began the quarrel. 

I always treat the miners kindly, and when they do their own packing I tell them 
that they had better let the Indians do their packing, so the miners will not hurt 
themselves on the trail, and some of the miners tell me that it is not my business, 
which hurts my feelings. 

When the miners treat me right I will and do treat them as my children. 

I am glad Mr. McCrackin went over the trail with me to see our work on the trail 
and what we did and how we treated the miners. 

Not long ago I was nearly killed by a white man " John " ( Wilson), who has since 
gone to Juneau. "John" made Haley's house and then did packing over the trail. 

My tribe had borrowed lots of money from Haley and were going to make money 
by packing to re]xiy Mr. Haley. 

We had arranged to i)ack for some miners when "John" rushed in and took one 
■of the packs and said he was going to do the packing. 

"John" had been doing lots of packing and I asked him kindly, saluting him at 
the same time, to please not to pack this time, but to let my men do so, so that they 



AMERICAN OCCUPATION. 395 

could get some money to repay Mr. Halej\ "John" replied by calling me a 



and I then called "John" the same name. "John" then rushed and took one of the 
miner's guns and wished to shoot me, when the miners took their gun from "John." 
These miners were very good friends of mine and they said they were going to tell 
Captain Newell the real facts of the affair. 

"George" Carmack and a lot of my tribe saw the affair. 

When the miners go in I would like them to arrange with me instead of the other 
men of my tribe, so as to save time and misunderstanding, as the Indians come to 
me anyhow as chief. 

My tribe claims the winter trail over the river " Schkat-Quay " [Skagway]. We 
have three trails to the Yukon, and we claim all of them. 

I do not object to miners doing their own packing, ])ut I hate to see them doing 
work they are not used to. 

I like to see white men, such as "George," pack for miners, and have no objection 
to their packing. 

I have no objections to Stick, Chilcat, or any other Indian or white persons pack- 
ing over our ti'ails, but I and my tribe do object to Haley, or any other person, 
claiming our trails and monopolizing the packing. 

We used to get all the furs from the Stick Indians, but they now trade with Mr. 
Haley, which ought to satisfy him without taking our trail. 

I ask $10 for a half pack to pay me for my general supervision and responsibility 
of the packing, as I feel myself bound to see every man and pack through safe. 

I never have asked or demanded toll from any person and do not do so. 

(Signed) Claaxot (his x mark). 

Witnesses : 

(Signed) C. P. Pluxkett, 
(Signed) Alexander McCkackin. 



Lieutenant- Commander Newell to Governor Swineford. 

U. S. S. PiNTA (fourth rate), 

Sitka, Alad'a, June 20, 1887. 
Sir: I have the honor to inclose, at the request of Claanot, second 
chief of the Chilkoot Indians, a statement.^' Claanot is desirous of 
obtaining- an opinion from the court as to the rights of his tribe upon 
the subjects referred to in his statement. 

Inclosed 3'ou will also lind a report" made by Lieut. A. McCrackin, 
U. S. Navy, in obedience to my orders, which may be of assistance in 
forming an opinion. 

Very respectfully, 

J. S. Newell, 
Lieutenant- Coramander, Commanding. 
Hon. A. P. Swineford, 

Governor of Alaska, Sitka. 



Mr. Grant to Lieutenant- Commander JVewell. 

District of Alaska, 
District Attorney's Office, 

Sitka, March 1, 1888. 
Lieut. J. S. Newell, 

Lieutenant- Commander, Commanding U. S. S. Pinta^ 

Sitka, Alaska, 
Dear Sir: Yours of June 20, 1887, with inclosures, and yours 
November 29, 1887, to Governor Swineford, were handed me on his 
departure with the request that 1 answer you direct. 

«For Lieutenant McCrackin's report on the Chilkoot trail, and Claanot's state- 
ment, see inclosures to Lieutenant-Commander Newell's No. 10, to the Secretary of 
the Navy, June 16, 1887, ante page 392. 



396 PAPERS RELATING TO 

The question on which you desire an opinion is, as I understand, 
the papers, ''Have the Chiikoot Indians an exchisive right to the use of 
the trail built and maintained by thera over the mountain pass to the 
headwaters of the Yukon River for the purpose of packing for hire?" 

[Here is quoted section 2477 and section 1839 of the Revised Statutes 
of the United States.] 

This would indicate that if the Indians had acquired any rights to 
the trail or to its exclusive use that such right remained intact. 

But article '6 of the treaty with Russia by which Alaska became 
the property of the United States reserves no rights to the Indians, 
but shall be subject to such laws and regulations as the United States 
might adopt in regard to them. And by article 6 the said territory 
was declared to be free from any reservations, privileges, or fran- 
chises in favor of any companies or parties. 

[Here is quoted section 8 of the Organic Act.] 

I am of opinion that this clause, with section 1839, would cover the 
claim in controversy. There is no provision under the United States 
laws for a toll road, and the Oregon law which might be made appli- 
cable only applies to public highways already laid out and which 
might be leased by the county court for the purposes of a toll road 
for ten years. (Title 3, vol. 2, p. 1745, Hill's Annotated Laws of 
Oregon.) 

As I understand the question, these people do not claim the right to 
exact toll, but having built this trail at their own expense and keeping 
it in repair they do claim the right exclusively to do all the packing 
for hire done for others passing over said trail. They claim to have 
built the trail and to have been exercising this right over it for a long 
time. If the trail was before impassable and has been made so [pass- 
able?] by their work, as I understand these papers, and was tirst used 
by them, then they are entitled, in my opinion, to protection in that 
right until Congress sees fit to act in the matter. I do not believe 
they have acquired such right as to prevent others passing or doing 
their own packing over said trail, and this should be explained to 
them. This trail as I understand was built bv them for their own use 
in carrying on their trade Avith the natives on the Yukon. It certainly 
is not just or equitable that others should now avail themselves of the 
work and expense of these people for the purpose of making money 
out of it. If this is not one of the rights reserved to them by the 
Organic Act I don't know what it would include Their right is some- 
what in the nature of an easement acquired by discovery and pi-escrip- 
tion and protected by the Organic Act and section 1839. (See Kent's 
Com., V. 3, p. 412 et seq.) As to how they can enforce their right 
might become a troublesome question. 

Y^ours, truly, Whit M. Grant, 

District Attorney. 



Extracts from logs of United States naval vessels on duty in Alashan 

vmters. 

[Log of the United States flagship Saranac, second rate, 13 guns, under the command 
of Capt. Thomas S. Phelps, U. S. Navy.] 

At anchor, head of Lynn Canal., A. 7!, Thursday., JiUy 31, 1873. 
Koh-klutch, chief of the Chilcat tribe of Indians, visited the ship. 



AMERICAN OCCUPATION. 397 

[Log of the U. S. S. Wachusetis, third rate, 7 guns, under the command of Com- 
mander Edward P. Lull, U. S. Navy.] 

Atanchorof ChHcoot, Alashi. Tuesday, Augustus, 1881. 

Commanding officer and interpreter left the ship at 10 a. m., offi- 
cially. At 11.40 oonnnandino- officer and interpreter returned to ship 
accompanied hy " Shaitrich," one of the principal chiefs of the Chil- 
cats. At 11.50 " Clacach" [Klokutch], a Chilcat chief, came on board 
with several subchiefs. 

At ancJior of Chilcoot, Alashi, Thursday, August 25, 1881. 

Donawauk and Tlunar, two Indian chiefs from Chilcat. came al)oard 
for passage to Sitka. 

At anchor of Sitka, Alashx, Monday, August 29, 1881. 

A conference was held on board between Chilcat and Sitka chiefs. 

At anchor off Sitka, Alaska, Tuesday, August 30, 1881. 

At 10.30 a delegation of Chilkats and one of Sitkas met on board to 
make their statements of the trouble existing between them, and to 
receive from the commanding officer his decision as to the terms of 
settlement. 



[Logs of the U. S. S. Adaim^, third rate, 6 guns, under the command of Commander 
J. B. Coghlan, U. S. Navy.] 

Anchored in Bairtletts Cove, Glacier Bay, Alaska, April 22, 188.!^. 

First and second whaleboats and second cutter surveying Bartletts 
Cove. 

ChUkoot, making pxi-ssage to Barton Coi}e, Alaska, Saturday, June 7, 
18 8 If. 
At 6.15 started ahead and stood out of harbor of Chilcoot, standing 
down Chilcoot Inlet. 

Engaged in taking bearings for running of survey of Lynn Canal. 



[Logs of the U. S. S. Pinta, fourth rate, 2 guns, under the command of Lieut. Com- 
mander H. E. Nichols, U. S. Navy.] 

At anchor Portage Harbor {^Portage Cove, in Chilcoot Inlet\, and mak- 
ing passage to Juneau, Wednesday, May 20, 1885. 
At 9.15 first and second chiefs of the Chilcat tribe came on board 
ship, having been sent for by the commanding officer; also Mr. AMl- 
lard (missionary at Haines Mission), for the purpose of explaining the 
late trouble between Indians and miners. An amicable settlement was 
concluded, and chiefs left the ship at 11. 

Alongside vJiarf, Sitka, and making p>assage to Schultze Cove, Thurs- 
day, Deceinher 21^., 1885. 
A party consisting of his excellency Governor A. P. Swineford, 
Deputy United States District Attorney W. Clark, Special Deputy 
Marshal and Interpreter George Kostrometinotf, and Deputy Marshal 
J. Hamlin, and Indian Constables Katlean and Dick were taken on 
board for a trip to Shakan and return. 



398 PAPEKS RELATING TO 

At anchor, Juneau^ AJasl'a, Sunday, Aj^ril 25, 1886. 

Received on board for transportation to Chilcoot mining" oiittits of 
parties who are to accompany ship to that place. 

At anchor, Juneau, and making passage to Portage TIarhor, Alaska, 
Monday, April 26, 1886. 
At 6.30 a. m, the following-named men came on board as passengers 
for Chilcoot, viz: AV. S. Ham, J. S. P. Kolnnson, Fred. Hutchinson, 
Ernest Haff, C Delventhal, H. Larbert, John Rhinehart. James Winn, 
James Caplin, J. S. Lansing, S. A. O'Brien, and one Indian, Aleck. 

At anchor, Portage Hai'hor, Chilkoot Inlet, Alaska, Tuesday, April 27, 
1886. 
B}" the same order the marines on board were stationed as a crew at 
the heav}^ 12-pounder howitzer. Lowered S. waist boat and landed all 
passengers with their outfits. 

At anchor Portage Harhor, Chilcoot Ldet, Alaska, Monday, May 3 
1886. 
At 1.40 the steam launch under charge of Ensign H. M. Dombaugh 
left the ship for the headwaters of Taiya Inlet to acquire such infor- 
mation as possible in regard to relations existing between Indians and 
miners. 

At anchor Portage Harbor, Chilcoot Inlet, Alaska, Friday, May 7, 
1886. 
At 1.38 the steam launch, Lieut. J. W. Stewart in charge, left the 
ship for the headwaters of Taij^a Inlet to make general and tidal 
observations. 

At anchor Portage Harhor, Ch/ilcoot ldet, Alaska, Sunday, May 16, 
1886. 

At 11.10 a. m. steam launch in charge of Lieutenant Stewart went 
to the head of Taiya Inlet. 

At anchor Portage Harhor, Chilcoot Ldet, Alaska, Tuesday, May 18, 

■ 1886. 

At 1 Ensign H. M. Dombaugh, in charge of the steam launch, left 
the ship for headwaters of Taiya Inlet. 

At anchor Portage Harhor, Chilcoot Inlet, Alaska, Monday, May 31, 
1886. 

At 10.30 a. m. steam launch with Lieutenant Stewart in charge left 
for the head of Taiya Inlet, taking in tow four canoes. 

At anchoi' Portage Harhor, Chilcoot Inlet, Alaska, and under way 
Friday, June J/., 1886. 
At conclusion of target practice stood in for Portage Bay and dropped 
dinghy with Lieutenant Stewart for purpose of occupying shore station 
while swinging ship. 

At anchor Portage Harhor, Chilcoot Inlet, Alaska, Friday, June 18. 
1886. 

At 12.30 p. m. Ensign Dombaugh left the ship with steam launch 
for head of Taij^a Inlet, returning at 10.30 p. m. 



AMERICAN OCCUPATION. 399 

[Logs of the U. S. S. P'mta, fourth rate, 2 guns, under command of Lieut. J. S. 

Newell, U. S. Navy.] 

At(mchoi\ Portage Cove^ andmal:inq trip to headof Taiya Inlets AJasJcciy 

Tuesday, May 31, 1887. 
From 10.15 until 10.45 waiting- for canoe and lighter with the 
Canadian survey party. At 10.45 took them in tow. 

******* 

At 2.30 p. m. Lieut. A. McCrackin, U. S. Navy, in charge of a 
party consisting of Ensign C. P. Plunkett, U. S. Navj", J. Blake (mas- 
ter at arms), and D. Sam (coal heaver), acting as interpreter, left the 
ship for the purpose of making a reconnoi^sance of the Chilcoot trail 
over the Divide. 

At anchor, Portage Cove, Alaska, Wednesday, Jaly ^, 1888. 

Chief Donawauk came on board to hold a conference with the com- 
manding officer. 

At 10.10 Lieut. A. McCrackin and Ensign R. E. Coontz left the 
ship in whaleboat, with an armed crew of five men, and stood up for 
Tananei to arrest an Indian doctor. 



[Log of the U. S. S. Pinta, fourth rate, under the command of Lieut. Commander 
O. W. Farenholt, U. S. Navy.] 

At anchor, Pyramid Harhor, Alaska, Monday, April 28, 1890. 

At 4.45 Governor L. E. Knapp and Mr. George Kostromitenoff, 
accompanied b}" Lieutenant Hodgson and Assistant Paymaster Web- 
ster and two men, left the ship in a canoe for the Chilcat village on 
the Chilcat River. 

At anchor, Pyramid Harbor, making a passage to Taiya lalet and 
Sitka, Alaska, Wednesday, April 30, 1890. 
Commanding officer, accompanied by Governor Knapp and Inter- 
preter George Kostromitenoff, left the ship to visit the village at the 
head of the inlet. 

At anchor. Pyramid Harhor, Alaska, Saturday, July 18, 1891. 

The Governor of Alaska and commanding officer, accompanied by 
United States district attorney, marine officer, paymaster, four ma- 
rines, and six blue jackets, went on shore to visit Chilcat Indians. 



Letters from naval officers. 

U. S. F. S. Haetford, 
MoUle, Ala.. March 13, 1903. 
Sir: 1. Referring to the telegram of the Bureau of Navigation 
dated March 13, 1903, I have the honor to submit the following state- 
ment:" 

«In confirmation of dates and acts of jurisdiction stated herein, see various loga 
of U. S. S. Pinta. from May 20, 1885, to June 18, 1886, ante pages 397, 398; also letter 
of Commander Nichols to Navy Department, dated Jime 8, 1886, ante page 383. 



400 PAPEES RELATING TO 

2. I was attached to the U. S. S. Pinta in 1S83 and arrived in 
Alaskan waters about Aug'ust, 1884, the Phita relieving the Adam^ at 
Sitka. From that time until the arrival of the civil governor, the 
commanding- officer of the P'lnta exercised the functions of governor 
of Alaska. This authority was recognized by the Indians residing on 
the continental shores from Port Simpson to the head of Dyea Inlet. 
The Phita visited Chilkat and Portage l)ays, Juneau, Fort Wrangel, 
and Killisnoo. The leading men of these villages came on board and 
paid their respects to the captain. The regulations of the command- 
ing officer of the Adams were confirmed, and the Indians were in- 
formed that murder, drunkenness, and the manufacture of an intoxi- 
cating liquor called hootchinoo would not be permitted and would be 
punished. 

In 1885 the Plida visited nearl}^ all the principal liarl)ors in south- 
eastern Alaska from Port Simpson to Port Etches. The authority of 
the commanding officer was recognized by the Stickeen Indians at Fort 
Wrangel, the Auks and Takus at Juneau, and the Chilkats and Chil- 
koots above the Lynn Canal, and the Yakutats at Yakutat Bay. At 
no port visited by the Pirda was there an}'^ question raised as to the 
authority of the commanding officer to make regulations or punish 
offenses. In 1886 the Pluta went to Portage Harbor, at the head of 
the Chilkoot Inlet, to settle difficulties between the Chilkoot Indians 
and miners then encamped at the mouth of the Dyea River, at the 
place now called Dyea. 

I was ordered to proceed, in charge of an armed party of eight men 
in the steam launch with a Gatling gun, to the head of the Dyea 
Inlet to try and settle peacefully, if possible, the difficulties which 
existed, to prohibit the sale of intoxicating liquors at the camp, and to 
arrest any Indian who was found drunk and bring him back to the 
Pinta. I was also directed to inform the chief of the Chilkoot Indians 
that an}^ Indian in the Territory who wished to carry packs over the 
Chilkoot Pass would be allowed to do so, against the claim of the 
Chilkoots that that pass belonged to them, and that if necessar}^ the 
whole armed force of the Pinta would be used in protecting those so 
engaged. After carrjang out my instructions I returned to the ship. 
Subsequently Lieut. George T, Enmions made a trip to the same place, 
and later I made a second trip with the object of letting the Chilkoot 
Indians know that the commanding officer was particular in seeing his 
instructions carried out. During ni}" service in Alaska, covering a 
period of two vears and four months, no other trouble was experienced 
with the Indians inhabiting the continental shores or inlets. 

3. I have telegraphed home to have my instructions from Com- 
mander H. E. Nichols, commanding U. S. S. Pinta, if found, to be 
forwarded to the Bureau. 

Ver}^ respectfully, H. M. Dombaugh, 

Lieutenant- Commander, U. S. Navy. 

The Chief of Bureau of Navigation, 

Navy Department, Washington, D. C. 



american occupation. 401 

Branch Hydrographic Office. 

S<n'ann<(/i, Ga., March IJ^^ lOO-L 
Sir: 1. Replying to the Bureau's telegram of this date, I have the 
honor to report as follows: 

2. 1 have no memoranda at hand, and nuist trust entirely to memory. 

3. I was on duty in southeastern Alaska, on hoard the Plnta . from 
(about) September, 1884, to October, 188'). For about one month of that 
period Lieutenant-Commander Caldwell, U. S. Nav}-, e-onmianding the 
P'lnta^ exercised connnand of the district, but, so far as I know, only 
carried out previous custom in having the Indian quarters inspected 
once a week l)y the lieutenant in command of the marine guard. This 
at Sitka. 

4. Then Lieut. Commander H. E. Nichols, U. S. Navy, came to take 
command of the Vint a ^ and by the same steamer the civil government 
established by Congress. During the remaining two ^^ears of my 
duty I think the commanding officer acted on matters concerning the 
Indians on the advice of the civil authorities. I was personally sent 
to Dyea, at the head of Lynn Canal, several times, under orders from 
Lieutenant-Commander Nichols, U. S. Navy, to preserve order 
between the Indians and miners, with discretionar}- orders as to how 
to act in case of trouble." Also, by the same authorit}', I searched 
for illicit stills on several occasions, with similar discretionary orders. 
None of the civil officers were on board at these times. 

5. There were a few arrests of Indians made for witchcraft and for 
illicit distilling by Lieutenant-Commander Nichols, L. S. Navy. 
Whether or not they were made by the advice of the civil authorities 
I do not know. 

6. If this reply is not sufficiently explicit, I shall be pleased to sup 
plement it with further particulars. 

Very respectfully, John W. Stewart, 

Llutenant^ U. S. Navy. 
The Chief of Bureau of Navigation, 

Washington^ D. C. 



[Cablegram. 



San Juan, P. R., 21arch 16, 1903. 
Secretary of the Navy, Washington: 

Both heads of the Lynn Canal, Alaska, visited but once,* Placed 
buoy on shoal near Haines Mission. No occasion to interfere in an\^ 
way. Everything was quiet. Indians seemed to obey the United 
States laws and regulations and gave no trouble that I remember. 
Always treated Chilkat and Chilkoot inlets as part of the United States 
territory. No objection on the part of anyone to our authority there. 
Indians called themselves Boston Indians. British Indians southward 
called themselves King George Indians. This from memory. No papers 
of any kind to refresh it. Taku Inlet and Portland Canal, to the east 
of Behm, and all inlets from Stephen Passage regarded under the United 

«See logs U. S. S. Pinta of May 7, 16, 31, and June 4, 1886, ante page 398. 
& Admiral J. B. Coghlan visited the head of Lynn Canal in 1884. See log of 
U. S. S. Pinta, June 7, 1884 ante page 397. 

21528—03 33 



402 PAPERS RELATING TO 

States authorities and occasionally visited as required. Miners of all 
nationalities accepted the authority of the United States over all ter- 
ritory mentioned. 

COGHLAN, 

Comiiumdtr of Carihhean Squadron^ North Atlantic Fleet. 



Washington, D. C, March 28, 1903. 
Sir; In accordance with your verbal instructions I submit herewith 
A report of my service in the waters of Alaska Territory. 

(1) 1 would state that my time of service in southeastern Alaska 
extended over a period of twentj'^ years, from 1882 to 1903, with inter- 
vals of absence. Attached to the U. S. S. Adams, September, 1882, 
to Juh% 188-1. Attached to the U. S. S. Pinta, May, 1885, to Jul}^, 
1887. Studving natives of Alaska, March, 1888, to Octol)er, 1889. 
Attached to" the U. S. S. Pinta, July. 1890, to January, 1892. Duty 
under Interior Department, Alaska, January, 1892, to September, 
1892. Attached to U. S. S. Plnta, April, 1894, to September, 1896. 
In Alaska not on dutv in 1899, 1900, and 1901. On Government serv- 
ice in Alaska, May. 1902, to September, 1902. 

(2) During this period of service the men-of-war to which I was 
attached cruised continualh' along- the mainland coast of Alaska and 
the outlying islands of the Alexander Archipelago, from Portland 
Canal to Dixons Entrance, to the head of Lynn Canal, and through Icy 
Straits and Cross Sound, and seaward as far west as Yukatat or Ber- 
ing Bay, visiting all of the settlements, anchorages, and inlets along 
the coast in order to render assistance to those in need, to preserve 
order among both whites and natives, and to enforce the statutory 
laws of the United States at the discretion of the commanding officer. 

Prior to the establishment of civil government in Alaska, in 1885, 
the commanding officer of the naval vessel stationed in those waters 
represented the law supreme; he touched at the native villages, received 
the chiefs, listened to the complaints of the people, arbitrated and 
judged the cases, and punished the guilty. Under the orders of the 
<'onnnander, the medical officer of the man-of-war inspected the natives, 
prescril)ed for them, and dispensed Government medical stores free. 
When necessity required, armed detachments were landed from the 
vessel to preserve order or make arrests. After the establishment of 
civil law in the Territory the naval commander cooperated with the 
Government officers to enforce the law and to police the country. 

The question of absolute jurisdiction over the mainland coast, 
including all of the inlets and arms of the sea reaching inland from 
the head of Portland Canal to the head of Lynn Canal and extending 
inland over the Chilkoot or D3^ea Pass and the Chilkat passes, was 
never to my knowledge questioned by the whites of any nationality 
nor the resident natives within these limits. In fact, all of the whites 
going inland over these passes to the vallev of the Yukon looked to 
and constantly appealed to the naval commander here stationed for 
assistance and protection, and frequent complaints from both whites 
and natives of trouble growing out of packing over the Dj'ea Pass 
were presented to the commander for adjustment. 

My duty and investigations among the natives of Alaska have, 
through twenty years, frequently brought me in connection with the 
Chilkat and Chilkoot people. I have visited all of their villages many 
times. I have traveled through their country from the head of the 



AMERrCAN OCCUPATION. 403 

Kar-arlth to the head of the Thlehini river.s. I have made a stud}- of 
their history, and I have lived with them on the most intimate terms, 
until they have given me one of their family names and look upon me 
as one of themselves, and never once have I heard them question the 
jurisdiction of the United States over their country to and including 
the mountain passes nor as to their position as United States subjects. 
And since the establishment of Canadian custom-houses at the passes 
and on the Chilkat and Thlihini rivers they have often expressed 
themselves and appealed to Government officers against what the}" 
considered as an assumption of authority over a country under our 



Upon occasions of ceremony, ])oth over their houses and in their 
canoes, they display our flag, and in the village of Kluckwan one of 
the principal chiefs preserves as a troph}'' an English flag captured at 
Fort Selkirk, on the Pelly River, in 18.52, when a Chilcat war party 
captured and destroyed that post of the Hudson Bay Company. 

For particular cases of the exercise of jurisdiction over the main- 
land coast, and more particularl}" in the Chilkat and Chilkoot counrry, 
which have come particularly under my personal observation, I would 
ofler the following statements, substantiated when possible by extracts 
from ships' logs and other official records and certitied copies of my 
original orders. 

During the month of June, 1883, I received a written order from 
Commander E. C. Merriman, U. S. Navy, commanding U. S. S. Adams^ 
to go ashore with an armed boat's crew and to arrest a certain native 
in the Auk village of Sinta-ka-heen-ee, near Juneau, and ""to bring" 
him off' to the ship dead or alive.'^ In compliance with these orders I 
surrounded and captured the entire household to which the man 
belonged, but upon rinding that he was absent hunting I released those 
taken. 

In the spring of 1881, while the U. S. S. Adams w^as engaged in 
surveying Lynn Canal, a buoy was planted in Lj^nn Canal to the 
northward of Vanderbilt Reef. 

In the winter of 1887 or early in 1888 Governor A. P. Swineford, 
of Alaska, arrested Claanot, the second chief of the Chilkoot tribe, 
at the head of Lynn Canal on board ship and ])rought him to Sitka in 
custody for an alleged offense on the Dj^ea or Chilkoot Pass, but upon 
investigation he was discharged, as the evidence was not sufficient to 
hold him. 

During the winter of 1888 a deputy marshal and posse were dis- 
patched from Juneau, Alaska, to apprehend and arrest Coudewot, a 
chief of the Chilkat tribe living at Klokwan on the Chilkat River. 
The posse ascended the Chilkat River to w^ithin a short distance of the 
village, and the deputy marshal went to the village named and 
attempted to make the arrest, but was prevented from so doing by 
George Shartrich, a chief of the Chilkats (a relation of Klo-Kutch or 
Shartrich, the old chief of the Chilkats)," and other members of the 

« A Thlinket Indian of southeastern Alaska usually had two or more names, given 
or received at different periods of his life. Thus, the Chilkat chieftain was indis- 
criminately called Klo-kutch or Chartrich. The spelling of Indian names, being 
phonetic and often representing sounds ditficult of expression by the letters of our 
alphabet, differs according to the understanding or idea of the writers who attempt 
to reproduce them. The name Klo-kutch is spelled also Kok-kutch and Clacacla; 
and Charrich ajijiears in some cases as Shartrich or Chartridge. There are numerous 
other variations of these names, and an equal variety in the orthographj' of nearly 
all native nomenclature. 



404 PAPERS RELATING TO 

family', and he returned to Juneau, but some months Uiter Coudewot 
was arrested and tried and imprisoned in California for several 3'ears. 

Three years later (1891) George Shartrich, the Chilkat chief, who 
had prevented the arrest, was himself arrested on the Chilkat River by 
Deputy Marshal J. J. Healey and sent to Sitka; this was in 1891. 
He was bailed by me until the fall term of court at Sitka, Alaska, 
when he was tried, convicted, and sentenced to a year or more impris- 
onment, which he served. 

During- the spring- and summer of each year of my services in Alaska 
from 1882 to 1896 it was customary for the naval vessel to visit the 
head of Lynn Canal and spend more or less time at anchor in Portage 
Bay. Pyramid Harbor, and Taiya Inlet, as trouble always existed 
between the miners and prospectors bound for the Yukon Valley and 
the resident natives. The year of 188<3 was one of particular activity, 
and I lind upon consulting the log book of the U. S. S. J *(/i fa that the 
vessel, accompanied by a large steam launch, remained anchored in 
these waters for a period of thirty-live days, through the months of 
May and June, An active supervision was maintained over the white 
and^ native camps at the head of Taiya Inlet. Officers in charge of 
armed parties constantly visited the camps, with orders to preserve 
peace and make arrests when necessary and to prevent the sale of 
intoxicants to the natives, and in no instance was the jurisdiction of 
the United States Government over this Chilkoot or Chilkat country 
questioned by either white or native. 

On May 22, 1886, while serving on board the U. S. S. Piiifa, at 
anchor in Portage Bay, Alaska, I received verbal orders from the 
commanding officer, Lieut. Commander H. E. Nichols, U. S. Navy, to 
proceed with an armed party in the steam launch to the nati^'e village 
of Tananei and destroy all liquor and native stills found there. In 
the official log of the ship for that date there appears: ''At 3.45 p. m. 
steam launch left the ship, in charge of Lieutenant Emmons, to make a 
search for hoochenoo or distilling apparatus in small village en route 
to Chilkoot River. At 5.15 p. m. launch returned, having found and 
destroyed a portion of one still.'' 

On May 21, 1886, while serving on board of the \J. S. S. Pinfa, at 
anchor in Portage Bay, Alaska, I received from the comiiianding 
officer, Lieut. Conunander H. E. Nichols, U. S. Navy, w^ritten instruc- 
tions, of which the following is a copy: 

May 2-t, 1886. 

MEMORANDUM INSTRUCTIONS FOR LIEUTENANT EMMONS. 

Deliver the letter to Captain Healey. 

Raid the house where the hoochenoo is made. 

Dombaugh can give you particulars. 

Arrest anyone you may lind in the act of making it. 

Find the people who live around the point here, and let them know they will get 
into serious trouble if they continue to distill. 

You are authorized to destroy any and all liquor you may find at the camp. 

Get all information possible regarding packers and miners and of those who have 
gone in. 

Return to-morrow night unless, in your judgment, it is necessary to remain longer. 
Make memorandum report of trip in writing 

Respectfully, H. E. Nichols, 

C'om)nnnding J'inla. 



AMERICAN OCCUPATION. 405 

There appears in the official log of the U. S. S. Phita, for May 2-4, 

1880: 

At 1.45 p. 111. Lieutenant Emmons with party in steam launch left for the head of 
Taiva Inlet. 

And on May 25. 1886: 

Steam launch with Lieutenant Emmons in charge returned from the head of 
Taiya Inlet. 

On June 2. 188G, while serving- on board of the U. S. S. Pinfa, at 
anchor in Portage Bay, Alaska, I received from the commanding offi- 
cer, Lieut. Commander H. E. Nichols, U. S. Nav}', written instruc- 
tions, of which the following is a cop}^: 

June 2, 1886. 

memorandum instructions for lieutenant emmons. 

Take Shartrich and the madam up to the camp. Consider previous instructions 
as generally in force. Return to-night ( weather permitting). Say to the red-headed 
doctor, in the ]iresence of Ponawawk or Clanoot, if jiossible, that he will be held 
strictly to account for any trouble that may be made through his influence. Shar- 
trich will have some things to bring down. 

Respectfully, H. E. Nichols, 

Commanding Pinta. 
Have a little eye out for the three trappers who last went up. 

There appears in the official log of the U. S. S. Pintit for June 2, 

1886: 

Steam launch with Lieutenant P^mmons in charge left for the head of Taiya Inlet 
and returned at 6.40 p. m. 

On June -t, 1886. while serving on board of the U. S. S. Plnta^ at 
anchor in Portage Bay, Alaska, I received from the commanding offi- 
cer, Lieut. Commander H. E. Nichols, U. 8. Navy, written orders, of 
which the following is a copy: 

U. S. S. Pinta, Chilcoof, June 4, 1886. 
SIr: The P'mia will go to Juneau to-morrow, to be absent one week, more or less. 
During her absence you will remain here in charge of the launch and her crew. The 
general tenor of j'our instructions are the same as you have received from time to 
time for the miners' camp up the Taiya. 

Use your own discretion as to visiting the camp. I heard that ten more miners 
are expected. If it should come to your knowledge that ]Mr. Martin sells molasses 
in large quantities, or Florida water, or ginger, or anything that causes intoxication 
among the Indians, you will ]ilease in my name request him to stop such traffic. 

Use your discretion about allowing any or all of the crew to sleep in any unoccu- 
pied house that may be offered to you. 

In addition to the regular crew of the launch, Sergeant Williams, U. S. ^Marine 
Corps, is detailed with your party. 

Respectfully, • - H. E. Nichols, 

Commanding Pinta. 
Lieut. G. T. Emmons, U. S. Navy, 

U. S. S. Pinta. 

You are authorizeil to employ an interpreter whenever necessary. 

There appears in the official log of the U. S. S. Pinta., of June 5, 
1886: 

William Cook (seaman), M. Sullivan (seaman), Mr. Carroll (second-class fireman), 
and Sergeant Williams (U. S. Marine Corps), with the steam launch and dinghy, 
left at this place with Lieutenant Emmons in charge. 

I quartered my men, who were fully armed, on shore at Portage 
Bay in the native village of Dashu, or, as it was generally known, 
Chilkoot, during the absence of the Pinta and exercised absolute juris- 



406 PAPEKS EELATING TO 

diction over the native village and the Chilkat and Chilkoot country 
about. The official log- of the U. S. 8. Plnta shows that the ship 
returned and anchored in Portage Bay June 17, ISSH. 

On April 30, 1887, while serving on board the U. S. S. Phtta, at 
anchor in Portage Bay, Alaska, 1 received from the commanding offi- 
cer, Lieut. Conunander ,]. S. Newell, U. S. NavT, written orders, of 
which the following is a copy, together with extracts from my report: 

U. S. S. PixTA (fourth rate), 
Portage Bat/, Chilkoot Inlet, AlasLxi, April 29, 1887. 
Sir: You will visit Klokwan village, the headquartens of the Chilkat Indians, and 
upon your return report, in writing, your observations, making your report as full 
and comprehensive as time and the opportunities at your command will permit. 

Assistant Paymaster M. R. Calvert, U. 8. Navy, and Peter Church, interpreter, 
will be associated with you on this duty. Mr. A. E. Austin having volunteered to 
accompany you, he will be regarded as one of the party, and his services as an addi- 
tional interpreter will, if necessary, be made use of. 

Upon the completion of this duty — which, it is thought, can be completed within 
four days — you will return and resume your duties on board of this vessel. 
Respectfully, 

J. S. Newell, 
Lieatencud-Command'r, Coininaading, and Senior Xaval Officer Present. 
Lieut. G. T. Emmons, U. S. Navy, 

U. S. S. Pinla. 

EXTRACTS FROM REPORT. 

U. S. S. PiNTA (fourth rate), 

Juneau, Alaska, Maij IS, 1887. 
Sir: In accordance with my orders of date of April 29, 1887, I have the honor to 
submit the following report of a visit to main Cliilcat village of Klo-kvvan, situated on 
the Chilcat River, some 30 miles above its juncture with the inlet of the same name. 

******* 

At 7 p. m. (May 3) we arrived at Klo-kwan, the chief village of the Chilkat people, 
and were conducted to the presence of the chief, Chtirtrich, or Klo-kutch, who 
received us most cordially and thoughout our stay entertained u^ most hospitably, 
placing at our disposal a fine, well-appointed house, where clean and comfortable 
feather beds were spread and attendants appointed to supply our wants. In con- 
versation he expressed his great friendship for the whites, which he has ever proved 
by his pacific actions and the good influence he has exerted to prevent trouble in the 
past. He desired me to express to you his disapprobation of the action of traders in 
Juneau in selling to his people unlimited supplies of molasses, whereby they are 
enabled to manufacture hoochenoo, which they not only drink to their destruction, 
but carry into the interior as an article of trade with other tribes. He also said that 
he desired to lay before you some differences existing between his people and the 
Chilcoots in regard to packing and fishing rights. He is most anxious that a school 
be established in the village, as they wish their children to be educated in the white 
man's ways, and at the same time desire to keep them at home. I delivered your 
present to the chief, together with numerous others, which we all made to him and 
his family, which were all greatly appreciated and recognized by others in return. 
******* 

The chief desired me to carry to you his warmest feelings of friendship and good 
will and to say tliat immediately upon his return from the interior he would be glad 
to accept your invitation to visit you on board ship. 

******* 

Very respectfully, 

G. T. Emmons, Lieutenant, U. S. Xary. 
Lieut. Commander J. S. Newell, 

f7. S. Nary, Juneau, AIosJm. 

Very respectfully, 

G. T. Emmons, 
Lieutenant., U. S. JVavi/, Retired. 
The Secretary of the Navy, 

United States Navy Department^ Washington., D. C. 



AMERICAN OCCUPATION. 407 

Navy Department, Bueeau of Navigation, 

Washington, D. C, AirrU 6, 1903. 

Sir: Replj'ing to the request of the Secretary of State, desi ring- 
information respecting- naval operations in Alaska, I respectfully state 
that on the afternoon of July 31, 1873, while attached to the U. S. 
flagship Saranac, Rear- Admiral A. M. Pennock, U. S. Navy, com- 
manding the North Pacific Squadron, and anchored at the head of I^ynii 
Canal, to the northward of Davidson Glacier, in Alaska, Kho-Klutch. 
the chief of the Chilkat tri])e of the Thlinkets of southeastern Alaska^ 
visited the ship, in company with several subchiefsand members of hin 
tribe, for the purpose of arranging a peace with the Stickheen tribe 
of Fort Wrangel, through the medium of the commander in chief, who 
had previously held a conference with these people." 

The Chilkat chief accepted with dignity the authority of the com- 
mander in chief and agreed to the terms which he proposed, and he 
signitied in his every action that he considered himself a true subject 
of the United States, and that he appreciated and recognized the juris- 
diction of the United States over the Chilkat people and the territory 
occupied and claimed l)y them. 

Very respectfully, H. C. Taylor. 

Rear- Admiral, U. S. Nary, 

The Secretary of the Navy. 



EXERCISE OF JURISDICTION IN ALASKA BY JUDICIAL 
AUTHORITIES. 

Tht' Attoriuy-Gtivsral to tht Secretary of State. 

Department of Justice, 
Wishlngton, 1). C, April 13, 1903, 
The Secretary of State. 

Sir: In accordance with your request, 1 transmit herewith memo- 
randa taken from the records and archives of this Department and 
other papers obtained b}- the judicial authorities of Alaska relating to 
the exercise of authority" on the part of the representatives of the 
Government of the United States on the mainland territory of south- 
eastern Alaska. 

Respectfully, P. C. Knox, 



Attorney- General. 



Alern oran da of cases. 

1887. 



The following- pardon case was tried at Juneau, Alaska: 

United States v. John (an Indian). 

Charged with rescuing a prisoner. The defendant is the chief of a 
tribe of Indians on Berners Bay, some 50 miles from Juneau. One 
of his tribe, in Jul}^, 1887, having killed his wife, a deputy marshal 

«See log of U. S. flagship Suranac of July 31, 1873, ante page 396. 



408 PAPERS RELATING TO 

was sent with a posse to arrest the niurderer. The arrest was made, 
and the Indians themselves were conveying- in their canoe the deputy 
and his interpreter and the prisoner to Juneau, but ])efore they got 
there the Indians decided that the murder had been settled for "accord- 
ing- to their own laws " and it was not right to give up the prisoner, 
so they landed the party, pushed the deputy to one side, placed the 
prisoner in a cabin, and guarded him there. The deputy proceeded to 
Juneau and, returning- with a large posse, secured the prisoner. 

Defendant was convicted at the Noyeml3er term, 1887, and later 
sentenced to six years' imprisonment at McNeils Island penitentiar}', 
Washington. 

President Harrison, on May 8, 1889, granted the defendant a pardon. 

1888. 

The following case was tried before Louis L. "Williams, United States 
commissioner at Juneau, Alaska: 

United States v. Charley (an Indian). 

Complaint made by Walk-on-ass (an Indian): offense charged, lar- 
ceny; offense committed at Chilcoot, Alaska, November i20, 1888; resi- 
dence of accused. Douglas City, Alaska; defendant discharged. The 
witnesses were Walk-on-ass. Jimmie (an Indian), and Rev. E. J. Wil- 
liard, the tirst two of Chilcoot and the last of Juneau. 



1889. 

The following cases were tried before Louis L. Williams, United 
States commissioner at Juneau. Alaska: 

United States r. Frank Gudmamen. 

Complaint made by Henry H. Wheeler; offense charged committed 
at Chilkoot, Alaska, on June 30, 1889; residence of accused, Juneau, 
Alaska: defendant discharged. The witnesses were H. W . Wheeler 
and Frank Pondexter, ])oth of Chilkoot. 

Ignited Statics r. Kol)ert Oh man, 

Comi)laint made b}' H. W. Wheeler; offense charged, larceny; 
offense connnitted at Chilkoot, Alaska, on June 30, 1889; residence of 
accused, Douglas City, Alaska; defendant discharged. The witnesses 
were H. W. Wheeler and Frank Pondexter, both of Chilkoot, Alaska. 

1890. 

The following case was tried before ~\S . R. Hoyt, United States 
commissioner, Juneau, Alaska: 

United States r. John Bjerkland. 

Complaint made by J. J. Healey; offense charged, violation of sec- 
tion (iO;* (p. 437), Oregon statute; offense connnitted at Chilcat, Alaska, 
Octo])er 7, 1890; residence of accused, Chilcat; defendant convicted 
and sentenced to Sitka jail. 

1891. 

PARDON CASE. 

United States v. George Chartrich. 

Ai-rested in spring of 1891 on Chilkat River, on the charge of 
•' assaulting and resisting an ofhcer of the United States, section 5398, 



AMERICAN OCCUPATION 409 

Revised Statutes United States;" tried at Sitka, Alaska, September 
8, 1891, and sentenced to three months' imprisonment and to pa}" a 
fine of $50; request made for pardon September 24, 1891; adverse!}" 
reported upon bv the attornev-g'eneral of the United States December 
14, 1891. 

1892. 

The following cases were tried )\v W. R. Hoyt, United States com- 
missioner, Juneau, Alaska: 

United States v. Tom (an Indian). 

Complaint made by C. S. Blackett; otfensecharg-cd, murder; offense 
committed at Chilcat on -July 4, 1892; residence of accused, Chilcat; 
defendant held for grand jury. 

United States r. John Wade. 

Complaint made by C. S. Blackett; offense charged, manslaughter; 
offense committed at Chilcat on July 5, 1892; residence of accused, 
Chilcat; defendant held to grand jury. ^Mtnesses: S. H. Perin and 
J. P. Lindsay, Chilcat. 

United States v. M. V. Sharp. 

Complaint made by Max Endleman; offense charged, selling* liquor 
(section 14. organic act); offense committed at (Jhilcat on July 4, 1892; 
residence of accused, Chilcat; defendant held to grand jury. Wit- 
nesses: John Timons and W. F. Reed, of Juneau. 

1893. 

The following case was tried by W. R. Hoyt, United States commis- 
sioner, Juneau, Alaska: 

United States v. John Dalton. 

Complaint made by John G. Hood; offense charged, murder (Rev. 
Stat., 5339); offense committed at Chilcat, March 5, 1893; residence of 
accused, Chilcat: defendant held to grand jurv. Witnesses: Edward 
(Indian), William Paddock, ct al., Chilcat. " 

189-1. 

The following cases were tried before H. W. Mellen, United States 
commissioner at fluneau, Alaska: 

United States r. Jack McGlotchlin. 

Complaint made by W. ]\1. Hall: offense charg-ed, selling whisky; 
offense connnitted at Dyea on ]May 3't. 1894; residence of accused, 
Juneau; defendant discharged. The witnesses were Jim (an Indian), 
Shu-utie, and W. M. Hall, all of Dyea. (Page 7 of same account shows 
entry in same case where defendant Mas held to district court.) 

United States v. An-ta-Yache. 

United States v. Go-nah-Kah. 

Complaint made by Ed Armstrong; offense charged, manslaughter 
(O. C, sec. 511) and assault (sec. 536); offense connnitted at Chilcoot 
on August 19, 1894; residence of accused, Chilcoot; held to answer. 
The witnesses were Ed Armstrong and Go-nah-Kah, of Juneau and 
Chilcoot, respectively. 

United States i\ Scun-doo. 

Complaint made by Gleh-naw; offense charged, murder (sec. 506); 
committed at Chilkat, ]\larch 24, 1894; residence of accused, Chilkat; 
defendant held to district court. Witnesses: Glah-na-ay, Goo-deh- 
j'^ak, et al., of Chilkat. 



410 PAPERS RELATING TO 

Examiner DougaU to the Attorney- GeiuraJ. 

Department of Justice, 

Sith(, Alaska, July 25, 1892. 
The Attorney-Ctexeral. 

Sir: While on duty at Juneau, Ahit^ka, on Jul}- S, 18'.>2, news of a 
double murder at Chilcat reached me, and I l)eo- now to make a report 
thereon, as I know that many oontlicting rumors will l)e afloat con- 
eernino- the aflair. 

The steamer Chilcat arrived in the harbor, havino- on board the 
corpse of one Frank Marx (white), who had been killed at Chilcat, 
also a white man named "Scotty,'"' who was severely wounded, and 
brought the information that an Indian named "'Yah-g-uido-clin'' had 
been killed and one "Qualth,'' an Indian, was badly wouiided. 

United States Commissioner William R. Hoyt, of Juneau, caused a 
coroner's jury to be impaneled at once, who viewed the bod}' of Frank 
Marx and also caused Dr. James K. Simpson to make a post-mortem 
examination thereof. The witnesses being all at Chilcat, some 80 
miles distant, and the body of the murdered Indian also being there, 
the commissioner, acting as coroner, deemed it prudent to repair 
thither with the jury, the phvsician, the deputy United States marshal, 
Deputy United States Attorney C. S. Blackett, and an interpreter. 
He placed a warrant in the hands of the deputy United States marshal 
for the arrest of '"Tom,*" a (chilcat Indian, the reputed murderer of 
Frank Marx. There being no direct communication between Juneau 
and Chilcat, the deputy United States marshal chartered the steam 
launch Scaolin and had her provisioned, and the}' all started for the 
scene of the murders at 10 a. m. July 9. While en route they met 
Special Deputy United States Marshal John Dalton on board the steam 
launch Lilian, having in charge three prisoners implicated in the trou- 
ble. These they took on board the Chilcat and took them all back to 
Murray's cannerv, near Chilcat, where thev arrived at 10 a. m. 
July 10. 

Chilcat is situated oil^ 11' north latitude and is at the Chilcat River, 
which is at the head of Lynn Channel and on the right, while Chil- 
coot is on the left on Chilcoot River. It is an important center of the 
fur trade and there are three salmon canneries in the immediate neigh- 
borhood which ha^'e been in operation for some years. The largest 
salmon-lishing interests in Alaska are here. Chilcat is not on the regu- 
lar mail-steamer route and therefore is cut ofl' a great part of the year 
from outside communication; yet it is the point of departure of pros- 
pectors and miners by the overland route to the great Yukon Valley, 
the exit being at St. Michael on the coast near the mouth of the 
Yukon River. The Chilcats are the most numerous and warlike tribe 
in southeastern Alaska. 

Between the money paid these Indians for flsh purchased of them 
by the cannery companies and that received for packing goods across 
the portage to the headwaters of the Yukon, the Chilcats have become 
one of the wealthiest tribes of aborigines in Alaska. In 1890 
$130,(100 was distributed to them for tish alone, in 1901 $20,000 was 
distributed, and for this year ^lo.ooo to $12, OOo will be distributed. 
This decrease is because of the insolence of the Indians and the injury 
they have done, and the threatened destruction of the property of the 
canneries. This year they have employed more white men and China- 



AMERICAN OCCUPATION. 411 

men and have used more boats and gear. See testimony of Hugh 
Murray and Samuel H. Perrin, hereto appended. 

At Chilcat the coroner's jury made careful inquiry into the causes 
of the death of the Indian and white man, also the cause of the trou1)le; 
they examined over twenty witnesses. The U. S. S. Fhda^ Lieutenant- 
Connnander ]\laynard commanding, was lying at anchor in Chilcoot 
River, which is just across a narrow^ neck of land from Chilcat. Indian 
Tom, the reputed murderer, having boasted that he would not lie taken 
alive, it was deemed advisable to call on Commander Maynard for a 
"posse comitatus" to aid the deputy United States marshal in mak- 
ing the arrests. He immediately responded and detailed Lieut. David 
Peacock, Ensign R. E. Coontz, and Surg. L. P. Stone, with six marines 
and thirteen seamen. He showed every disposition to render aid or 
assistance to the civil authorities, and also to protect the lives and 
property of citizens. With their assistance Indian Tom was secured 
without-any more bloodshed, as also was an Indian named ""Qualth." 
After completing these investigations the coroner's jury and the offi- 
cials returned on the Cldlcat to Juneau, bringing with them the reputed 
murderer, "•Tom," and "'Qualth," arriving there on the morning of 
July 13. 

From the testimony adduced before the jury and statements made 
by those interested or present, I gather that the whole trouble arose 
from whisky furnished by whites to Indians on the Fourth of July, 
especially toward evening. 

There are four saloons at Chilcat and also a dance house, to wit: 
Oleson & Stearns, M. V. Sharp, Joe Tugueiro, and Silas Gibson. 
All of them were selling liquor in Alaska in violation of section 14 of 
the organic act and section 955, Revised Statutes. Yet all have paid 
the special tax as retail liquor dealers (thereby having the quasi consent 
of the Internal Revenue Bureau to engage in the business). From the 
testimony hereto appended it is apparent that these four saloons can 
not subsist solely by supplying whisky to white men, and being in the 
business to make money the natural result is that they will sell, either 
directly or indirectlv, to Indians. Consequent!}' the present trouble. 

The traffic in liquor at Chilcat is the growth of the present adminis- 
tration. When ]Mr. C. S. Johnson took charge as United States district 
attorney there were no open saloons at that place or in that neighbor- 
hood; now there are four. No eft'ort seems to have been made to stop 
their growth. 

A simple narration of the current events in this ""Chilcat trouble"' 
might be given as follows: On the Fourth of July the Chilcat Indians 
got drunk, and toward night they were pretty full. One of them, 
"Qualth," in a drunken reel, fell on or against a white man namect 
Jack Wade, who immediatelv knocked him down. Another Indian, 
Jim Yealth tay, in a blind drunk stagger, fell through the window of 
Silas Gibson, one of the men who had sold the liquor to the Indians. 
This led Gibson to fire three shots at ""Jim." The Indians were all 
drunk and the white men, too. They got Jack Wade down, and he 
shot and killed an Indian named Yah guido din. Wade was down on 
the ground at the time. A lot of Indians were on the top of him when 
he tired. The shot entered the heart, killing him almost instantly, 
whereupon the Indians tied. The wife of the murdered man went and 
hunted up ""Tom" and demanded of him, after the Indian custom of 
""an eye for an eye" and "a tooth for a tooth," a life for a life. 



412 PAPERS RELATING TO 

''Tom, you profess to be a brave man; avenge the death of my hus- 
band." Tom sallied forth with his gun and shot the tirst white man 
he met, which happened to be Frank Marx, the shot taking- effect in 
his al)domen and lacerated his bowels. Two slugs were found in the 
abdominal cavity. 

Neither ''Marx""' noi- "Tonr' had been engaged in the drunken row 
of the night previous. 

As a result of this row the following arrests were made and were 
disposed of as follows: 

(1) John Wade, manslaughter of Ya guido clin; held to grand jury 
in $1,000 bond. 

(2) Tom (Indian), murder of Frank Marx; committed to jail at 
Sitka, to answer. 

{?>) ••Qualth" (Indian), assault with intent to kill; committed to jail 
at Sitka, to answer. 

(I) Kowtsh ish, assault and battery on "Scott}^;" warrant in hands 
of John Dalton, deputy. 

(5) Sitka Jack, assault and battery on Silas Gibson; warrant in 
hands of same, at Chilcat. 

(6) Yealth ta, disturbing public peace; tried and sentenced to $30 
fine and costs; committed. 

(8) Martin Oleson, selling liquor in Alaska in violation 1955 Revised 
Statutes and 14 of the organic act. 

(9) Lorrie Stearns, same ott'ense. 

(10) M. V. Sharp, same oti'ense. 

(II) Joe Tigueiro, same oti'ense. 
(12) Silas Gibson, same ott'ense. 

The latter five were all held to grand jury in the sum of $400. 

Silas Gibson ought also to have been charged with assaulting the 
Indian "Qualth'' with a dangerous weapon (a pistol). 

I append the testimony of "Qualth,"" the Indian with whom the row 
commenced; Hugh Murray, superintendent of Chilcat Canning Com- 
pany; Samuel Perrin, superintendent of Pyramid Harbor Company; 
the Rev. William W. Warne, the Presbyterian missionary at Chilcat, 
and others. 

In this service considerable expense has been incurred, and more 
will be required to hunt up witnesses, etc. ; this will ha^e to be met 
with an extraordinary expense account, which, in my opinion, should 
be allowed in this case, as no one was aware of the extent of the out- 
)>reak and prompt measures were necessary to be taken to quell the 
disturbance, bring to justice the guilty parties, and prevent further 
bloodshed. 

****** * 

It has been called to my attention by the governor and others that a 
United States commissioner. United States deputy marshal, and a jail 
should 1)6 established at Chilcat, but I think that if our officials here 
will oidy close up the open saloons at Chilcat a deputy marshal and 
jail might suffice for the administration of justice. The deputy mar- 
shal ought to have some rennineration, else no one can be found who 
will accept the position. Jack Dalton showed great efficiency and 
])ravery in the present emergency, but his compensation will be ver}' 
small, as he only gets fees. 

He is an excellent officer for the position, and would save the Gov- 



AMERICAN OCCUPATION. 413 

ernment a good deal if he had a steady position of, say, $'2 per da}^ or 
equal to the other special deputies in Alaska. 

After several interviews with United States District Attorney 
Charles S. Johnson, at Sitka, he at last came to the conclusion to do 
somethino- toward having- the laws of the United States regarding the 
liquor traffic in Alaska and ''Executive order" of March 12, 1892. 
enforced at Uhilcat: and to bring this about he has ordered Special 
Deputy Marshal John Dalton, at Chilcat. to give him the names of ones 
engaged in the sale of intoxicating liquors at Chilcat, whether to whites 
or Indians; the names to whom sold; the kind of liquor sold; the 
date of sale; the names of witnesses; also to give as many dilierent 
dates of as many different sales as possible. 

This is with a view^ of punishing those saloon keepers and whisky 
men (boot-leg dealers) by exhausting their ability to give bond and 
finally land them in jail. 

There is no use of relying upon finding indictments against them 
before an Alaska grand jury, provided they have paid the special tax 
required by the internal-revenue laws, which all of these Chilcat 
saloon keepers have done. If the plan proposed is only pushed, Mr. 
Johnson may succeed in closing up all those saloons within the coming 
month, August. 

There is no excuse why he allowed this iniquitous traffic to grow so 
and to gain such a foothold at Chilcat as it now has. It would have 
been much easier to have nipped it in the bud. To eradicate it now, 
heroic measures must be used, and that speedily. 

None of those engaged in the liquor traffic at Chilcat have the gov- 
ernor's permit, or have in anv way complied with Executive order of 
March 12, 1892. 

I find that the judge of the United States district court here and 
N. R. Peckinpaugh, clerk of the United States court, are both in favor 
of any and all legal measures which will tend to suppress or control 
the liquor traffic in Alaska, and would render any and all assistance 
they legally could to have the laws governing this traffic and the 
"Executive order'' before mentioned duly enforced. 
Ver}" respectful 13% 

Allan H. Dougall, Examiner. 



Deposition of WilUam Moore. 

United States of America, 
District of Alaska., ss'. 

Capt. William Moore, being first duly sworn, on oath deposes and 
saj^s: 

I am a citizen of the United States and a resident of Skagway, 
Alaska; of the age of 78 years, and that my birthplace is Emden, 
Hanover, Germany. That I am a master mariner and navigator and 
explorer. 

That for a number of 3^ears since 1861 1 have been navigating waters 
on the northwest coast of North America in the possessions of the 
United States known as Alaska, and in the British possessions on the 
Stickeen River, past the point known as Boundary on the Stickeen 
River. 



414 PAPERS RELATING TO 

That b}^ reasoa of explorations, work, and business in which I had 
become interested in the northwest coast of North America, between 
the years 1862 and 1880, in the country adjacent to the Stickeen River, 
I became interested in all that countrj- further north of what is com- 
monly known as the Cassiar mining- district. 

That in 1886 my son, William Moore, went into the country adjacent 
to the Yukon River with Bishop Sao-ers. 

That upon his return from this expedition, which was made by way 
of the route from the head of Lynn Canal, my son informed me 
that in his opinion the pass now known as White Pass in the mountains 
north of Skagway Bay was lower than the pass commonly used north 
of Dyeaon Lynn Canal, of which report I took note. 

That in 1887 at my request I became a member of the expedition 
known as the Ogilvie expedition, under the command of William 
Ogilvie, a British subject. 

That in the month of May, 1887, 1 arrived at the head of Lynn 
Canal, at Skagway Bay, and found a number of Indians encamped 
about the head of said canal, among whom was an Indian conunonl}' 
known as the Indian Schwatka on account of his intimate connection 
with expeditions before taken by Lieutenant Schwatka, of the U. S. 
Army, into the Yukon country and the interior of Alaska north of 
Lynn Canal. 

That said Indian Schwatka had just returned from San Francisco, 
whither he had accompanied Lieutenant Schwatka. M}^ sons, William 
and J. Bernard Moore, had preceded me into the country tributar}" to 
and adjacent to the Yukon River during said year. 

That I have made a special study of the value and expediency of the 
various routes and passes into the interior of the British possessions 
and American possessions in northwest North America and Alaska. 

That I have twice been over the Chilkoot Pass north of Dyea, 
Alaska. 

That I have ])een over the Stickeen Pass and over the pass adjacent 
to Taku Inlet in the district of Alaska. 

That upon said expedition, known as the Ogilvie expedition, I pro- 
ceeded north from the shores of Skagway Bay in company with one 
Indian, Who assisted me in packing over what is now known as the 
White Pass, and took observations concerning the height of said pass 
and the expediency of a route thereover. 

That on said expedition I went as far as Fort Selkirk and on said 
expedition I took soundings as to the depth of Skagway Bay and its 
expediency and practicability '-s a port of discharge for ocean-going- 
vessels. 

That at the same time said Ogilvie passed over the Chilkoot Pass in 
company with his expedition, and I met him at Lake Bennett. 

That prior to my departure over the ^^'hite Pass I visited Dyea, 
Alaska, and found the trading post and eating house of elohn J. Healy 
and Wilson, who were operating as partners under the firm name and 
style of Healy & Wilson. 

That to the l)est of my information and belief the said Healj^ & 
"Wilson had maintained and owned and possessed their trading site 
and post at Dyea since the year 1885. 

That upon said expedition, by orders of the Navy Department at 
Washington, the U. S. gunboat Plntn accompanied the expedition 
from Haines Mission on Lj^nn Canal to the head of Lynn Canal and 



AMEEICAN OCCUPATION. 415 

there remained until the Ogilvie exi^edition had yafel}^ passed over the 
sumniit of Chilkoot Pass. 

That the commander of the Pinta at that time to the best of my 
recollection was Captain Nowles, and that the Plnta accompanied said 
expedition to the head of Lynn Canal under instructions from the 
Navy Department of the United States for the purpose of assisting 
said expedition from the shores of the head of Lynn Canal past a point 
on the crest of the mountains north of the head of Lynn Canal. 

That said expedition arrived at Haines Mission, Alaska, from the 
south on the steaiuship Aneon, owned and operated by the Pacific 
Coast Steamship Compan}", a corporation organized, as I am informed 
and believe, under the laws of one of the United States, and that as 
hereinbefore set out, b}' special arrangement we were met at that 
point b}' the U. S. gunboat Pinta. 

That upon said expedition all arrangements in reference to the entry 
and passage of goods and provisions of such expedition were formally 
attended to bj^ the head of said expedition at Juneau, Ahiska, where 
was then stationed a customs official of the United States, and that all 
clearances in reference to the transportation of such supplies and pro- 
visions through the territory of the United States were arranged at 
said place with said official. 

That upon my return from said expedition I stopped upon the 
shores of Skagwav Bay and did some work in clearing and preparing 
for a wharf site at or near the point now occupied by what is known 
as Moore's wharf in Skagway, Alaska. 

That in the year 1888 1 proceeded with my son, J. Bernard Moore, 
again to Skagway Bay, on Lynn Canal, in the district of Alaska, and 
that prior to our departure for Skagwa}' Bay ni}^ sou, J. Bernard 
Moore, then a British subject, expatriated himself and declared his 
intention to become a citizen of the United States in order that he 
might locate, hold, and acquire such land as would be useful in the 
development of the wharf and comiuercial site on the shores of Skag- 
way Bay; and that in the succeeding year I, then being a British sub- 
ject, expatriated myself and became a citizen of the United States, I 
being then at Juneau, Alaska, in order that I might acquire and pos- 
sess and hold said property and secure the benefit of such property 
rights on the shores of Skagway Ba}" as 1 should see lit to acquire at 
said place, believing that the same was the natural port of destination 
for ocean-going vessels and the natural inception of any route into the 
interior of the British possessions on the Yukon River and the Ameri- 
can possessions in Alaska on the Yukon River. 

That in 1888 my son, J. Bernard Moore, located a certain claim of 160 
acres upon the shores of Skagway Bay for the j^urpose of improving 
and holding the same, and that all location notices, papers evidencing 
title and interest in and to all of said lands on the shores of Skagway 
Bay, by either of us, were thereafter made in accordance with the laws 
of the United States and the local customs of the citizens of the L^nited 
States within its jurisdiction. 

That thereafter and until the date of this affidavit I have almost con- 
tinuousU' resided and held mv home at the point now known as Skag- 
way, Alaska, on the shores of Skagwa}- Bay, and engaged in the 
improvement of lands belonging to myself and my son, J. Bernard 
Moore. 

That in the vear 1895 1 carried mail for the Canadian eovernment 



416 PAPERS RELATING TO 

from Junoau. Alaska, into the British possessions adjacent and tribu- 
tary to the Yukon River, and engaged also in carrying mail for the 
Post-Oftice Department of the United States. 

That 1 remember, during the year 1888, while on the shores of 
Skagway Bay, seeing the schooner belonging to Heal}' & Wilson, at 
Dyea, pass southward down Lynn Canal, and remember, several days 
afterwards, seeing a steamboat belonging to the Alaska Tread well 
Oold Mining Company come up the canal, and that I, with my son, 
J. Bernard Moore, proceeded from Skagway Bay to Dyea, Alaska, to 
learn the cause of the arrival of said steamer, and that when 1 reached 
D^-ea, Alaska, 1 ascertained that the said steamer carried a deputy 
United States marshal and 2() special deputies deputized to make 
arrests and quench an Indian outbreak which had been caused by a 
tight between the second chief of the Chilkat Indians, known as "Chi- 
noot," and a Sitka Indian, which had arisen out of difficulties between 
the two tribes of Indians who were engaged in packing over the Chil- 
koot Pass: that the Sitka Indian engaged in said fight had been wounded 
by the second chief of the Chilkats and in the fight had beaten the 
brains out of the chief of the Chilkats with the butt of a revolver, I 
learned that 14 men had been penned up inside of one of the houses 
lielonging to Heal}' & Wilson and had l)een compelled to cut loopholes 
in said house for their protection, and that the Sitka Indian engaged 
in said fight had sought entrance into the house of Healy & ^^'ilson, 
but had been refused, and that the lives of Healy and Wilson and Mr. 
Wilson's family had been endangered, and also the lives of the men 
inside of the Healy & Wilson house. 

That a number of arrests among the Indians were made by the 
United States deputy marshals, and that they were taken in custody 
and transported from Dyea to Juneau, Alaska. 

That I remember numerous occasions on which the boats of the 
United States, both of the Revenue Department and the Navy Depart- 
ment and of that service known as the Geodetic Survey, appeared 
upon the waters of Lynn Canal and engaged in the performance of 
their various official functions. 

That I remember distinctly an occasion of considerable notoriety at 
the head of Lynn (^anal prior to the Yukon rush of 1897, known as 
the "Klondike rush," in which certain liquors had been landed at 
Dyea and transported up near to the sunnuit of Chilkoot Pass, and I 
remember that certain customs officials of the United States arrived at 
Dyea juul followed the liquors to a point near the summit of Chilkoot 
Pass and there seized said liquors and broke the same open and spilled 
the contents near the summit of White Pass. 

That during all of my residence at Skagway, Alaska, all property 
rights, both real and personal, have been accjuired and treated as subject 
to the laws of the United States, and that all property acquired by me 
and all interests in property which I have held on the shores of Skag- 
way Bay, or north of Skagway Bay as far as the passes in the moun- 
tains, have on occasion of various disputes and litigations in which I 
have been interested l)een determined before the United States district 
court for the district of Alaska, which court has exercised during all 
of the times herein mentioned at which disputes arose an unrestilcted 
and unquestioned jurisdiction over all actions concerning property 
rights on the shores of Lynn Canal or north as far as the passes of 
the mountains. 



AMEBICAN OCCUPATION. 417 

That the criminal and civil process of said court and of the United 
States commissioner's court of the District of Alaska has run to, been 
exercised and ett(>cted without ({uestion since I first came to the country 
adjacent to Lynn Canal. 

That the customs othcials of the United States have at all times, where 
any dispute invoking jurisdiction arose, exercised their jurisdiction 
upon the shores of Lynn Canal and north of the head of Lynn Canal 
as far as the passes in the mountains, and on occasion to ports fui'ther 
north than the passes in the mountains. 

That to my knowledge the officials of the U. S. Army and portions of 
the Army of the United States have occupied the shores of Lynn C^anal, 
and especially the shores of Skag-way Bay and Dyea Bay, and exercised 
their authority over said country unquestioned as far as the passes north 
of Skagway and Dyea. 

That on no occasion within my memory have I ever known person- 
ally or heard of any incident-in which a British officer, or an othcer 
subject to the British Crown directlv or indirectly, or a British sub- 
ject ever attempted to exercise any official authority upon the shores 
of Lynn Canal or at any point south of the passes in the mountains 
north of Dyea and Skagway Bay. 

Wm. Moore. 

Subscriljed and sworn to before me this !2od dav of March, A. D, 
15)03. 
[seal.] J. ,7, Clarke, 

Depnty tIerJi United Statex District Court 

for Division No. i, Alasha.- 



Dcposltlon of J. Btrnard Moore. 

United States of America, 
District of Alashi., ss: 

J. Bernard Moore, being lirst duly sworn, on oath deposes and' 
says: 

I am a citizen of the United States, 88 years of age, and a resident 
of Skagway, Alaska, at the head of Lynn Canal, in the district of 
Alaska; that I have resided at Skagway, Alaska, continuously for 
more than seven years last past, and that I have resided fi'oni time to 
time at Skagway, Alaska, and been interested in property at the head 
of Lynn Canal within what is noW' known as the town of Skagway ,- 
Alaska, since the year 1888. 

That I lirst came to the head of Lynn Canal in the 3'ear 1887, about 
the 20th of March, 1887, landing at wdiat is now known, and was then 
known, as Dyea, Alaska, at the head of Lynn C'anal. 

That at the time of my arrival at Dyea, Alaska, John J. Heal}' and 
Edgar Wilson, operating under the lirm name and style of Healy &, 
Wilson, had a small trading post at the head of Lynn Canal and were 
there living and operating the same. 

That residing at said place and working for said Heal v & Wilson were 
(jreorge Carmack and Mrs. Healy, the wife of John J. HeaW. 

Said John J. Healy and Edgar Wilson were citizens of the United 
States at said time and have been ever since. 

That I proceeded from Dyea, Alaska, over Chilkoot Pass into the 

21528—03 34 



418 PAPERS KELATINO TO 

interior of Ahiska to tho waters of the Yukon River, and proceeded 
from there to St. Michaels. Alaska, l)v the Yukon Kivei', and returned 
the same 3'ear ov^er the same route to Dyea, Alaska, reaching D3'ea, 
Alaska, on or al)out the Tth of September, 1887. 

That 1 immediately proceeded from Dyea, Alaska, to Juneau, Alaska, 
l)y water, passing near what is now the port of Skagway, Alaska, and 
taking notice of the low gap in the mountains back of what is now 
known as Skagway Bay, and returned from Juneau to Skagway Bay 
within the course of two or three weeks, and landed on the shores of 
Skagway Bay with my father, William Moore. 

That we immediately made camp and proceeded to cut piling, look- 
ing toward the construction of a small wharf at or near the place 
where ]Moore"s wharf is now located, upon Skagwa}'^ Bay, and also 
made complete soundings of Skagway Bay. 

That we further cleared a small plot of ground near the shores of 
Skagwa}' Bay. 

That we remained upon the shore of Skagway Bay for a period of 
about two months, and proceeded from Skagway Bay to Juneau, 
Alaska, in company with John J. Healy, on his schooner CliarJie. 

That thereafter, during the spring of 1888, I declared my intention 
to become a citizen of the United States in order to exercise a right 
of location upon lands selected by me at Skagway Bay. 

That my papers of citizenship will be found among the records and 
tiles of the Land Department of the Interior in a matter entitled "In 
the matter of the application of J. Bernard Moore for lands embraced 
in United States survey No. 13, situated at Skagway Bay, in the Dis- 
trict of Alaska.'' 

That thereafter and during the spring of 1888 I proceeded to Skag- 
way Bay in company with my father, William JNloore. and on or about 
the 13th da}^ of June, 1888, 1 located the lands at the head of Skagway 
Bay, consisting of 160 acres, a portion of which are now embraced in 
United States surve}- No, 13, as shown b}^ the records and tiles of the 
Department of the Interior. 

That annexed hereto and marked " Exhibit A " is a full, true, and cor- 
rect copy of the notice of location made and signed by me at said time, 
the original of which copy I have before me, pasted in my private 
scrapbook, at the time that I make this deposition. 

That thereafter we proceeded to improve the property embraced 
within said notice during the year 1888 in the following manner, 
to wit, by proceeding to construct a wharf at or near the place now 
occupied by Moore's wharf on Skagway Bay. 

That said wharf was constructed about 30 feet wide, extending about 
70 feet from the shores of Skagway Bay out to the edge of extreme 
low water. 

That my father and myself were assisted in the construction of said 
wharf In' two Indians named Nausuk and Tom. 

That in addition to the building of said wharf we constructed a log 
cabin which is now standing in the city of Skagway, Alaska. 

That on oi- about the 0th day of June, 1888, I observed Healy & 
^Vilson's schooner Charlie sailing out of D5'ea late in the evening 
about southward down Lynn Canal. 

That on or about the 7th of June I noticed a number of Indian canoes 
making southward from Dyea down Lynn Canal at considerable speed. 

That on the i>th dav of June we observed the steamer Lucu\ from 



AMERICAN OCCUPATION. 419 

Juneau, making- into Dvea, and ni}^ father and I proceeded from the 
port of 8kagway to Healy & Wilson's trading- post at Dyea. 

That when we arrived near the steamer Litct/ we observed a num])er 
of men al)oard hei- armed with guns. 

That we were informed that there was a deput}^ United States mar- 
shal with 22 special deputies who had come to Dyea to suppress 
trouble among the Indians at that time, originated in the killing of one 
Sitka Indian and one Chilkoot Indian, and that the lives and property 
of Mr. and ]Mrs. Healy, Mr. and Mrs. White, missionaries or teachers 
at Dyea, and Mr. Wilson had been endangered, together with George 
Oai'mack hereinbefore mentioned. 

That the said United States marshal and his special deputies took 
into their custod}' a number of Indians at Dyea and carried them to 
Juneau, Alaska, among whom is one Indian known to me whose name 
is Kosko, who was shot near the knee in one of his legs and who is 
now residing- in Skagway, Alaska. 

That, further, to my personal knowledge I know that the authori- 
ties of the United States district court have made numerous arrests 
among the Indians at Chilkat, on Chilkat Inlet; at Haines, on Lynn 
Canal, and at Dyea, on Lynn Canal, during the 3'ear 1888 and for sev- 
eral years subsequent thereto, although I am not able at this time to 
give specitically the particular incidence in relation to such arrests in 
relation to the exercise of jurisdiction by the United States district 
€0urt. 

That on or about the 1st day of August, 1888, we left Skagway Bay 
for Juneau, Alaska, stopping first at Healy & Wilson's trading post 
at Dyea, Alaska. 

That thereafter, on or about the 17th day of August, 1888, 1 hired to 
F. H. Poindexter at Juneau. Alaska, to work at his cannery at Pyra- 
mid Harbor, Chilkat Inlet; that said Poindexter was a citizen of the 
United States and left on said day for Pyramid Harbor on the steamer 
LU'tnn^ belonging to said cannery. 

That in company with me were Stephen York, of Juneau, and his 
brother William York; that the United States marshal was also aboard 
said boat; that to the best of my recollection said marshal was Max 
Endelman, for a long time a resident of southeastern Alaska and a cit- 
izen of the United States. 

That said Endelman was charged with the duty of making arrests 
and suppressing disturl)ance among the Indians at Khikwan, on the 
Chilkat River about 30 miles inland from Pyramid Harbor. 

That he deputized the said Stephen York and William York and, to 
the best of my recollection, other persons to assist him in the execu- 
tion of said dut}', and that they proceeded in a canoe up the Chilkat 
River to Klukwan, Alaska, in the execution of said (Sxxty. After a 
number of days said Endelman and his deputies returned to Pyramid 
Harbor from Klukwan, and, to the best of my recollection, the}" had 
several Indians in custody, among whom I believe was one Indian 
known as Tom, who has since to my knowledge become a member of 
the Salvation Army. 

That during said" year of 1887 and 1888 vessels of the United States- 
gunboats, revenue cutters, and survey boats whose names I can not 
specitically recall — were in the waters of Lynn Canal and anchored at 
the head of Lynn Canal. 

That the boats that frequented said waters were, to the best of my 



42U PAPERS RELATING TO 

vecollection, known as the TJut'ix^ WJarlliKj, and Paffersov^ togethei 
with others whose names 1 do not remember. 

That in addition thereto the boats of the United States (rovernment 
uniforndy rendered assistance to settlers upon said waters and, where 
the same was necessary for the protection of settlers, enforced as well 
as they could order among the natives. 

Thai during- the ^^^ar lS8i^ by force of necessity, 1 was employed at 
the cannery at Pyramid Harbor ])efore mentioned and did not f re<j[uent 
the waters of Skagway Bay. 

That prior to the time I went to Pyramid Har])or the lirst time two 
canneries had been 1)uilt on Chilkat Inlet, one at Pyramid Harbor and 
one across the inlet from Pyramid Harlwr; that said canneries had 
been built, as 1 was informed, by Carl 8puhn, of Killisnoo, Alaska, 
one of which canneries had been built at least four years previous to 
my arrival at Pyramid Harbor; that 1 am informed that said Carl 
Spuhn was a citizen of the United States, and that said Carl S})uhn 
in all of his undertakings held himself subject to the jurisdiction of 
the United States. 

That in reference to all locations and acquirements of property 
rights on Chilkat Inlet and on Lynn Canal, so far as the same were 
taken by course of law, the same were taken under the laws of the 
United States applicable to the District of Alaska, and all recording- 
was done su])ject to the laws of the United States and the customs of 
the District of Alaska. 

That all property rights in dispute upon either of said bodies of 
water were settled by the laws of the United States and through the 
jurisdiction of the United States courts. 

That F. H. Poindexter, mentioned hereinbefore as the owner and 
manager of said cannery at which I was employed on Chilkat Iidet, 
was appointed and became a United States commissioner, exercising 
the powers of a justice of the peace, and that to the best of my recol- 
lection said appointment occurred either in the year 1889 or the vear 
1890. 

That during my residence from time to time on Chilkat Inlet the 
said Poindexter took cognizance of cases and exercised the jurisdiction 
as United States conniiissioner. and that John J. Healy, hereinbefore 
mentioned, was a deputy marshal of the United States, exercising the 
authority of the United States in and about Chilkat Inlet, and to n\\ 
knowledge made several arrests on Chilkat Inlet. 

That I particularly remember the arrest of a man, whose name I have 
forgotten, who stole a side of beef from one of the large steamers 
lying at said cannery loading salmon. 

That about the year 1889, possildy in the year 1890, Hugh Murray, 
a citizen of the United States, constructed a large cannery on the east- 
erly side of Chilkat Inlet, al)out a mile to the north of the cannery at 
which I was then working. 

That I contiiuied to work during the canner}' season 1889 and 
remained all winter in charge of the cannery at Chilkat Inlet, and 
worked during the season of 1890 at Chilkat Inlet in the canning busi- 
ness; and that during all of said time the laws and authority and juris- 
diction of the United States over the waters of Chilkat Inlet and the 
shores abutting thereon and over the country interior of Chilkat Inlet 
for a number of miles was constantly recognized. 

That thereafter for about two years I worked in the employ of F. D. 



AMERICAN OCCTTPATION. 421 

Nowell, a citizen of the United States, at Berner's Bay, in the sawmill, 
about 40 miles south of Skaoway Bay. 

That I remained in the district of Ahxska and a])out -luneau, Ahiska, 
all the time between the years 1890 and iSlto, employed in various 
ways, and from time to time visited Dyea, Alaska, and Skag-way Bay; 
and from time to tinn^ as occasion afforded it I worked upon the prop- 
erty possi\ssed and claimed by me as aforesaid, near Skagway Bay, 
clearing- and improving' the same. 

That in 185^5 I came to Skagway Bay the 2d day of Fel)ruary and 
remained at Skagway for some time upon my claim, engaged in 
improving the same, and that during- the year 1890 I made a trip into 
the interior of Alaska as far as Fort Cudahy and Fortymile Creek, 
and returned the same fall, and that from the fall of 1896 to the present 
time I have lived contitniously at what is now known as Skagway, 
Alaska, upon the shores of Skagway Bay. 

That during the sunuuer of ISiMI, at my request, Charles W. Gar- 
side, deputy Cnited States surveyor, surveyed my claim of land upon 
the shores of Skagway Bay and tiled the same w^ith the United States 
surveyor-general at Sitka, Alaska; that said survey is officially known 
and designated as survey No. 13, J. Bernard Moor, applicant. Said 
survey was made pursuant to the laws of the United States, as more 
fully appear from the records and tiles in the Land Department of the 
United States, entitled '' In the matter of the application of J. Bernard 
Moor for land embraced in United States survey No. 13; "* that the 
said Land Department of the United States took jurisdiction over said 
application, and in due time affiant made api^lication and published 
notice of such application in due form of law; that after contest and 
full hearing, as more fully appear from the records and tiles in said 
matter, affiant received title from the United States for 60 acres of tlie 
land embraced in said survey. 

During the month of June, 1896, as will more fully appear from the 
records and tiles ""in the matter of said application," affiant entered 
into an agreement with Ernest Edward Billinghurst, a citizen of 
British Columl)ia, looking to an option of an interest in said land to 
persons represented l)y the said Ernest Edward Billinghurst. 

That all of said agreements were made with reference to the juris- 
diction of the United States over said lands and in contemplation of 
the same and in accordance with the laws of the L^nited States, and 
that the record of all agreements concerning the interest in said lands 
at Skag'way, Alaska, were recorded with the usual and proper record- 
ing officer, to wit, with the United States commissioner at Juneau, 
Alaska. 

That thereafter in numerous suits at law and in equity in the United 
States district court for the district of Alaska then pending the 
interests of various parties and claimants in and to said land were liti- 
gated in the jurisdiction and forum of said court, and that the juris- 
diction and authority and protection of the laws of the United States 
were by the officials of th(> United States extended over the lands at 
the headwaters of Lynn Canal and continuously and constantl}^ exer- 
cised both crindnally and civilly over all matters and things of criminal 
and civil cognizance upon the waters and upon the shores of Lynn 
Canal. 

Referring again to the exercise of the jurisdiction of the United 
States over the country surrounding and tributary to Chilkat Inlet, 



422 PAPERS RELATING TO 

your affiant says that an Indian, Tom. heretofore referred to, was, sub- 
sequent to the time herein)>efore mentioned, arrested for shooting a 
white man near one of the canneries on Chilkat Inlet, and that said 
Tom was tried before the United States district court for the district 
of Ahiska, and thereafter served a sentence at San Quentin, in the 
State of California. 

And your affiant also remembers and says that one Indian medicine 
man of \he Chilkat tribe, known as Skundu, about the year 1895 was 
arrested at or near Chilkat, Alaska, to the best of affiant's recollection, 
for punishment and treatment of other Indians for witchcraft by tying 
and starving, and was tried before the United States district court, 
and received sentence and served the same. 

And your affiant further says that during his residence upon Chilkat 
Inlet and upon Lynn Canal the jurisdiction of no other sovereign than 
the United States was ever exercised or recognized between the years 
1887 and the date of this affidavit. 

J. Bernard Moore. 

Su))scribed and sworn to before me this 23d day of March, A. D. 
1903. 

[seal.] J. J. Clarke, Deputy. 



xoTiCE. Post No. 2. 

Know all men by these presents that I, Bernard ^Nloore, of the District of Alaska, 
a citizen of the United States, over the age of twenty -one years, have this 13th day 
of June, 1888, located and claimed that certain piece or parcel of land, the same 
being one hundred and sixty (160) acres of said land situated, lying, and being at 
Skagway Bay, near the mouth of Mill Creek, Lynn Canal, District of Alaska, and 
more particularly described as follows, to wit: 

Beginning at this post 12| chains north of the mouth of said Mill Creek at about 
high-water mark, and thence in a west-northwest direction 40 chains; thence in a 
northerly direction 40 chains; thence in an east-southeast direction 40 chains; thence 
in a southerly direction 40 chains to place beginning. 

The said described land lieing ]iart of the unsurveyed public domain of the United 
States, and it is the intention of the undersigned to apply to the CTOvermnent of the 
United States to purchase said land as soon as the land laws of the United States are 
extended over the District of Alaska. 

The said lands are hereby located and claimed for agricultural purposes, and 
are held and possessed by the undersigned by reason of actual occupation and 
ai)propriation. 

J. Berxakd Moohe. 



D('2)os!tion of Rolnrt Wr!(jht. 

Umtf.d States of America. 

D'txtrict (if Alanka^ ss: 

Robert Wright, being first duly sworn, on oath deposes and says: I 
am a citizen of the United States, a resident of Dyea, Alaska; that 
I have resided in Dyea, Alaska, for more than ten years last past. 

That I have lived and been in and about the possessions of the 
United States known as the district of Alaska since July, 1879. 

That I am ac([uainted with the country north of Dyea Bay and Skag- 
way Hay, and tlie country ])ordering upon Lynn Canal and the country 
bordering u]K)n and adjacent to Chilkat Inlet. 



AMERICAN OCCUPATION. 423 

That 1 have been in and about Pyramid llaibor at various times 
between ISKO and 181)5. 

That about the year 181>2 I remember a ease in whieh one Jack 
Wade was accused of killing an Indian Avhose name is to me now 
unknown, at or near Chilkoot, north of Haines Mission, in the district 
of A hi ska. 

That numerous persons besides the said Jack Wade were implicated 
in the said killing, both whites and Indians, and that numerous arrests 
were made in connection therewith. 

That the said Jack Wade, to the best of my recollection, was ar- 
rested on the shores of Lynn Canal near Haines Mission. 

That a number of Indians were arrested in connection with said 
affiair b}^ United States deputy marshals at Chilkoot. north of Haines 
Mission on L^nm Canal, and near the mouth of the Chilkoot River. 

That a number of the Indians were also arrested at or near Kluck- 
wan, on the Chiikat Kiver. a river which flows into Chilkat Inlet in the 
district of Alaska, and that a number of other persons were arrested 
in connection with said affair at a point known as Chilkat, at the mouth 
of the Chilkat River, and on the shores of Chilkat Inlet; and that all 
of said parties after having been apprehended were conducted to Sitka, 
Alaska, for trial. 

That I remember for a number of 3'ears prior to 1897 that one F. H. 
Poindexter resided at Pyramid Harbor on Chilkat Inlet in the district 
of Alaska, and at that time a United States commissioner or judge, 
and that he exercised the functions of his office and caused arrests to 
])e made from time to time upon the shores of Chilkat Inlet and north 
of Chilkat Inlet up the Chilkat River as far as Kluckwan, a specific 
instance of which I can not at this time recall. I remember the said 
Poindexter was an American citizen and that there were prior to 18v>T 
and for some time prior thereto two canneries on Chilkat Inlet, one of 
which was owned and operated by one Hugh Murray, who, I am 
informed and believe, was a citizen of the United States. 

That during all of said time all property" rights and disputes were 
treated as subject to the laws of the United States, and also all criminal 
matters on the shores of Chilkat Inlet and far to the north of Chilkat 
Inlet, as far at least as Kluckwan, and that the process of the courts 
of the United States was frequently used and served in the country 
just described. 

That about the 3'ear 1893 I came to Dyea, in the district of Alaska, 
and settled at said place, possessing, owning, and claiming a consider- 
able tract of land at or near what was afterwards known as the town 
of Dyea. 

That at the time I came to Dyea there was a trading post at said 
place known as the trading post of John J. Healy and Edgar Wilson, 
copartners operating under the firm name and style of Healy & Wilson. 

That the said Healy and Wilson were both American citizens, and that 
several other people settled in and about Dyea. and that the said Heal v 
& Wilson claimed a large tract of land near Dyea; that the same was 
surveyed and application made for a patent thereto in the United 
States land office at Sitka. Alaska, -of which application the said land 
office took jurisdiction, and that at the time of the death of the said 
Wilson the aciiuirem.ent of a portion of the said tract of land was in 
the process of consununation before the United States Land Office. 

That while I was at Dvea there were from vear to vear a number of 



424 PAPERS RELATING TO 

persons passing back and forth from what is known as the interior 
over Chilkoot Pass, engaged in mining at Forty-mile Creek and other 
l)hices. 

That from time to time, as occasion presented, attempts were made 
to carry liquor from boats on Lynn Canal into the country north of 
Dyea, which carriage was at that time prohibited by the laws of the 
United States. 

That I rememl)er one William Watt, a deputy United States marshal, 
was frequentl}' in and about Dyea looking for liquor so imported and 
attempting to suppress the landing of liquor upon the country adjacent 
to Dyea. exercising his authority as deputy United States marshal. 

That I remember an incident along about the 3'ear 1895 in which 
^lyre Hott'stad, a customs officer of the United States, proceeded up 
the D^^ea trail from Dyea as far as a point known as Stone House, 
about 16 miles up the D\ea trail from tidewater. That at said place 
he discovered and found a considerable quantitv of liquors w' hich had 
been landed at Dyea and were cached at or near the point known as 
Stone House. That, pursuant to his authority as a customs officer of 
the United States, he opened the vessels in which said liquor was con- 
tained and let the liquor out upon the ground. 

That I remember about the year 1897 that certain customs officials 
of the United States seized a boat belonging to Frank Kane, of Douglas 
Island, Alaska, 1)ound for Dyea or Skagway Bay with liquors aboard. 
5ind brought said boat into Skagway Bay and held the same there for 
:some time, and thereafter took said boat in their official custody to 
Juneau, Alaska. 

1 remember another incident at which one William Leak, of Juneau, 
Alaska, w^as engaged in transporting liquor over the Chilkoot Pass 
about the year 1895, in which the}' were pursued by William Watt, 
deputy United States marshal, but that they succeeded in getting said 
liquor past the sununit of said pass ])efore the said Watt was able to 
reach the sunnuit. and that thereafter the said Watt abandoned pursuit 
of the liquor. 

1 remember another incident in which the said William Watt, deputy 
United States marshal, found a consignment of liquors at Sheep Camp, 
about 15 miles north of Dyea, along the trail over Chilkoot Pass, and 
seized said liquor and opened the vessels in which it was contained and 
let the same out on the ground under his official authority. 

That about the year 1897, in the summer of said year, one John U. 
TSmith an-ived at Dyea. in the District of Alaska, and assumed the 
duties of the office of United States commissioner at said place, and 
that from that time on until the present date there has been a com- 
missioner at cither Skagway, Alaska, or Dyea, x\laska, continuously, 
together with deputy marshals of the United States stationed at one 
or the other of both of said places, exercising their official authority; 
and that said United States conmiissioner's court has at all times since 
said time exercised jurisdiction over persons and property and causes, 
both civil and criminal, arising on the shores of Lynn Canal or at 
points noi-th of Dyea or Skagway Bay as far as the summit of the 
mountains nortii of said places. 

That the United States district court for the District of Alaska has 
always exercised jurisdiction, both civil and criminal, over all points 
on the shores of Lynn Canal and to points as far north as the suunnit 
oi the mountains north of Skagwav^ Bav and Dvea. 



AMERICAN OCCUPATION. 425 

That said jui-isdietion during- ull tiiiies, both since 1897 and prior 
thereto, has been universally recognized and exercised both by judicial 
officers and by the United States marshals acting- under the authority 
of the laws of the United States. 

That to my personal knowledge all property rights in their acquire- 
ment, possession, and enjoyment, and all disputes have been subject to 
the laws of the United States as far north as the sunnnitof the moun- 
tains and at all places adjacent or tri])utary to Lynn Canal. 

That all record of title, location notices, and other evidences of the 
transfer or acquireiuent of title to proy)erty have been subject to the 
laws of the United States; and that I have been engaged from time to 
time in litigation in courts of the United States respecting my right 
to the possession of property at or near Dyea, uorth of the bay at 
Dyea, and that the United States district court and United States 
conuuissioner's court have taken jurisdiction of said matters and from 
time to time rendered judgment in litigation concerning the same 
therein pending, and that the process and judgment of said courts has 
been universally accepted as the proper determination of such disputes, 
unless appealed from to other courts of the United States. 

That at no time during my residence in Alaska, which has been con- 
tinuous since 1879, have I ever seen or heard of a case in which ofhcials 
of the Canadian government, or any person representing Bi'itish sover- 
eig^nty, has attempted to exercise any official duties at any point nearer 
tide water, on Lynn Canal, or Chilkat Inlet or Taku Inlet, where 1 
have frequently l)een, than a point inland beyond the summit of the 
mountains. 

That prior to 1897 I had never seen or heard of an official of the 
Canadian government attempting to exercise an}^ official authority 
north of Lynn Canal or north of Chilkat Inlet, or in and about either 
of said bodies of water. 

Robert Wright. 

Subscribed and sworn to before me this 24th day of March, A. D. 
1903. 

[seal.] J. J. Clarke. Dejuit;/. 



Df'2>os!tion of Josic'ph Oirr. 

United States of America, 
Disfr/'et of Alaska, ■'<■'<: 

Joseph Carr, being first duly sworn, on oath deposes and says: I am 
a citizen of the United States, born in New York City, N. Y., of the 
age of 61 years. That I have resided continuously in the District of 
Alaska for the past twenty years, to wit, since 1883. That 1 have 
resided in Chilkat. in the District of Alaska, on Chilkat Inlet for more 
than twelve years last past, and that I first came to Chilkat Inlet in the 
year 1891. 

That at that time I found two canneries upon Chilkat Inlet, one 
owned and operated by F. H. Poindexter, and another cannerv' at 
Pyramid Harbor owned and operated l\y Beck & Son. 

That the said F. H. Poindexter was a citizen of the United States, 
and the members of which the firm of Beck & Son were composed were 
citizens of the United States. 



J:26 PAPERS RELATING TO 

That upon all property on the shores of the Chilkat Inlet and upon 
the shores of Lynn Canal from said time until the present date the laws 
and jurisdiction of the United States have always been applical)le. 

Thatall location notices, evidences of transfer, were made under and 
pursuant to the laws of the United States and the customs of the 
American citizens of the District of Alaska. 

That I was acquainted with and knew one F. H. Poindexter, who 
shortly after my arrival at Chilkat Inlet was appointed a United States 
conmiissioner, and thereafter the said United States commissioner from 
time to time, when occasion arose, heard and determined all trials upon 
disputes arisino- in the vicinity of Chilkat Inlet as far as a point beyond 
the point known as Klukwan. 

That among- numerous cases which came before said United Statei* 
conmiissioner's court I have specific recollection of the following- cases^- 
to wit: 

A case in which one Al Martin was defendant and the United States 
was plaintitf, and the said jSIartin was tried upon a charge of beating- 
an Indian woman with whom he was then living- in Chilkat. That the 
said Martin was convicted by the said commissioner's court. 

That I remember also a case occurring about the year 1892; when a 
large consignment of liquors, belonging to one William Leak, was 
seized by the United States deputy marshal at Chilkat, one J. J. 
Healey, and by him turned over to the United States commissioner, 
F. H. Poindexter; and I remem])er that said liquor was thereafter 
stolen from the custody of the said United States commissioner. 

I also remember a case about said time, while said Poindexter was 
United States conuiiissioner, in which a man whose name I can not 
recall was arrested at Chilkat for stealing a side of beef which had 
])een let down to him from the stern of one of the ocean-going vessels 
then living at oi- near Poindexter's cannery at Chilkat. 

I rememl)er also a case oc<"urring on or about the 4th or 5th of July, 
IStK), in which one flack Wade was charged with killing an Indian 
man. and in which various other Indians and whites were implicated, 
and that numerous arrests were made in connection with said atfair at 
or near Chilkat, up the Chilkat River as far as a point commoidy known 
as Oolachan Patch, about 3 miles up the Chilkat River-. 

I remember a case also, about 1893, in which an Indian woman com- 
monly known as ''Blanket Susie" was arrested at or near Chilkat, on 
the shores of Chilkat Inlet, upon the charge of stealing l)lankets from one 
Hugh ^Murray, superintendentof the Chilkat Canning Company's plant: 
that from time to time there were numerous other cases of jurisdic- 
tion of the United States court, both commissioner's and the district 
court, and of the service of process of the said courts upon the shores 
of Chilkat Inlet and as far iidand as the Indian village of Klukwan, 
although I am unable to call other specific cases to memory. 

'I'liat during- all of the time that 1 resided at Chilkat. to wit, from 
1891 to the present date, the shores of said inlet and of Lynn Canal 
were frequently visited by United States officials, both of the revenue 
and Navy Department, who lent aid and assistance to the natives and 
enforced order in such cases as thev were able to reach. 

That during none of my residence in Alaska have I ever known or 
heard of an offic ial of the Canadian government or any of its provinces 
or Britisli subjtH-t ever claiming or attempting to exercise any official 
authority on the shores of Lynn Canal or Chilkat Inlet or any point 



AMERICAN OCCUPATION. 427 

nearer to tide water on Chilkat Inlet than a point north of Klukwan, 
nor upon any point nearer to tide water upon Lynn Canal than the 
summits of the passes of the mountains north of D3"ea and Skagway^ 
Alaska. 

Joseph Cakr. 

Subscribed and sworn to before me this 25th da}^ of March, A. D. 
1903. 

J. J. Clarke, 
Deputy Clerl: United States District Court 

for Division No. i, AJash(. 



Dcjjositivn of Don-a-u\d'. 

United States of America, 

District of A/ash (, ss: 

Don-a-walv, being first duly sworn, on oath deposes and says: 

That I am a native Alaska Indian, living at Haines. Alaslca. 

That I am chief of the Chilkats. and have been such chief for many 
years past, and was such chief at the time that Russia left Alaska and 
the United States took charge of Alaska. 

That at said time, after the troops came to Sitka, a man-of-war came 
to a point in front of the place now known as Haines, then known as 
Portage Cove, and I was invited aboard the vessel by the conmianding 
officer and informed of the transfer, and had considerable conversation 
with him. 

That from that time until the present day my tribe has recognized 
the authority and jurisdiction of the United States and its officers over 
all the country adjacent to Lynn Canal and Chilkoot Inlet and border- 
ing thereon and adjacent to Chilkat Inlet, and at least as far as the 
sununits of the mountains from the heads of the various inlets. 

That a portion of my tribe lives at Industuckki. at the mouth of the 
Chilkat River near Chilkat Inlet. 

That another large viUage of my tribe is situated along the shores of 
the Chilkoot River, between the lake at its head and tide water on 
Chilkoot Inlet, and that a large number of the Indians of mj' tribe have 
resided there for many years and have many fishing places upon the 
stream. 

That my tribe of people is a tribe that did the packing over the pass 
known as Chilkoot Pass, and many of them worked and resided there 
for years prior to the time when many white people conmienced to go 
to the Klondike. 

And that from the time of the Russian cession until the present day 
I have held and ni}" people have held allegiance to the United States 
only, and have recognized their laws and the jurisdiction of their offi- 
cers and courts. 

That about 1892, or about eleven years ago. I was appointed an 
Indian policeman and exercised the duties of a peace officer among my 
people at all of the places above named, when occasion required, as a 
representative of the Government of the United States, and have 
caused arrests to he made and enforced peace and order among my 
tribe by the authority- of the United States. 

1 remember man}" 3'ears ago when a boat came into the harbor at 



428 PAPERS RELATING TO 

Haines, known as Portage Cove, a United States war boat, and that 
the captain of the boat was named Captain Glass. 

I remember a bo}' on said boat, whom 1 remember to be Edward 
Armstrong, since Indian policeman and interpreter for the court. 

That 1 was invited upon said boat by the captain and was shown how 
the cannons would shoot, and that the cannons were shot several times 
across the peninsula between Lynn Canal and Chilkat Inlet. 

I was at Dyea at the time Klanot, a sul)chief of the Chilkats, w^as 
taken from Haines to Sitka by otticials of the United States Govern- 
ment for slapping Bishop Sagers in the face at Dyea some time previ- 
ous, and was informed of the fact and have full knowledge of it. 

1 was at Dyea at the time Klanot, subchief of the Chilkoot Indians, 
was killed by an Indian in a tight that he had with an Indian called 
Sitka Jim. 

I was at Haines at the time On-tee-Ateley killed one Indian John- 
son and was pursued by Johnson's relatives, and the said On-tee-Ateley 
was arrested, together with the Indians pursuing him. and was taken 
to Juneau: and I remember the incident of their arrest, and I remem- 
ber seeing the officers, together with Ed Armstrong, at the time said 
arrests were made. 

I was at Dyea at the time that Skundoo was arrested for punishing 
certain persons for Avitchcraft at Kluckwan by starvation, and remem- 
ber when the boat on which the deputy marshals and officers of the 
court slipped into Dyea by putting out the lights at night and caught 
Skundoo; and I remember that he was taken to Juneau and there 
tried. 

I have been subpoenaed at the United States district court at Juneau 
as a witness in several cases and there attended court pursuant to 
subpoena. 

I remember at the time of the atiair when Jack Wade killed an 
Indian and troul)le arose from the killing, and a man-of-war came to 
Haines and anchored and landed a numl)er of marines, and deputy 
marshal landed with Ed. Armstrong; and T also remember that several 
Indians were arrested near Industuckki, at the mouth of the Chilkat 
River, at that time- bv Jack Dalton, a deputy United States marshal, 
and by flack Lindsay. 

I remem))er at the time that the sun went out in the daytime many 
years ago that a vessel of the U. S. Navy was anchored in Pyramid 
Harbor and that a number of officials, among others an otficer with 
one arm. went up the Chilkat River. 

I remember being informed of the incident in which, prior to the 
Klondike rush, certain liquors were broken open on the trail near the 
sununit of Chilkoot Pass and spilled upon the snow. That I was 
informed that these liquors were broken by customs officers of the 
United States, 

his 

DON-A-WAK X 

mark. 

In presence of — 
J. J. Clarke. 

Subscril)ed and sworn to before me this 2Tth dav of ^Nlarch, A. D. 
1903. 

[seal.] ,J. J. Clarke, 

Dcjmtij Chrl' United States District Court 

for Dlrision X<>. 1. Alalia. 



AMERICAN OCCUPATION. 429 

U. S. Flagship Saranac, 
Head of Lynn Channel, Alaska, July JO, lS7o. 
To whom it may concern : 

At 4 p. m. of the above date came to anchor, and at 4.30 of the s^ame afternoon 
were visited by several Indians who came alongside and were invited on l)oai'd by 
the cajitain commanding, Thomas S. Phelps, V. S. Navy. 

After entertaining them with mnsic performed by the band, and making them 
presents of various articles, they took their departure, evidently nmch pleased with 
the attentions received and the friendship uianifested toward them. 
August 1, departed for Sitka, Alaska, having remained here two days. 

A. M. Pennock, U. S. Navy, 
Scar-Admiral, Commanding North Pacific Slat ion. 

Taos. S. Phelps, 

Captain, and Cliii'f of Staff. 

Lieut. Commander W. B. Hoff, 
JJeut. Commander E. L. Armorv, 
Admiral's Secretary J. S. Stodder, 

Staff' of Admiral. 
A. E. Barbour, 

Captai)i\'i Clerk, U. S. Xary. 



Shown to me this date bv Donnawack. 



U. S. S. PiNTA, May 20, 1SS5. 
H. E. Nichols, Commaudiny I'inta. 



U. S. S. Wachtsett, 
Chilcat, Alaska, August 24, ISSl. 
The bearer, Donowock, is a principal chief of one of the Chilcat villages, and is 
hereby recognized as such; he is said to be a good man. I hope all white men will 
treat him well and that he will be the same to them. 

Edward P. Lull, 
Commander, Commanding. 

This is shown to me by Don-a-way to-day during a talk in settlement of a little 
trouble with some miners. I hope he will be worthy of the above reputation. 

H. E. Nichols, 
Commanding, Commander and Senior Officer Present. 
U. S. S. Pixta, May 20, 1885. 



U. S. S. Adams, 
Chilcat Country, Pyramid Harbor, May 29, 18So. 
The bearer, Donnewak, chief of the lower village of the Chilcat tribe, some time 
ago charged a royalty of $15 for allowing white men to pass through his country. 
After talking to him he promises never to do so again. He appears to be anxious 
now to be recognized as an especial friend of the whites. I would advise white men 
to listen to him, as he has much influence among his people. I have given him a 
"talking to," and he expresses a great desire to be looked upon as the protector of 
the whites living in or passing through his country. 

[blank seal.] " E. C. Merriman, 

Commander, Commanding Adams. 



V. S. S. PiNTA, 

Portage Bay, May 18, 1885. 
To Chief Donnairaak and Chief Clanaat and the ChUcoot Indians: 

I have come here because the white men have told me that vou had ordered them 
to go away and had threatened to kill them if they did not go. 

Better counsels have since prevailed, and I am glad to find that the white men 
have gone on about their business. 



430 PAPERS RELATING TO 

This country is free to all white men to go through in the pursuit of their business. 
It is for your interest to have them here, because they bring you wealth by your con- 
tracts to work for them. 

If any of the white men desire to do their own packing they must not be inter- 
fered with. 

The chiefs of the tribe and the headmen of families are by me held responsible for 
the good conduct of their people, and the white chief who governs the whole country 
is very angry with you for this ill treatment of peaceable people passing through your 
country. 

Should there hereafter be any complaints or shall there be any disturbances or 
outrages that call for my interference 1 shall punish the offenders to the full extent 
of the law. 

[seal.] . IIexrv R. Nichols, 

Lievtenant-Commander, U. S. JS^avy, 
CoDutianding Phifa, and Senior Nnval Officer in Alaska. 



United States of America, 
the district of alaska. 

[Shield.] 

To all to whom these presents shall come, greeting: 

Know ye, that, reposing special trust and confidence in the loyalty, integrity, and 
ability of Don-a-wak, I, Lyman E. Knaj^p, governor of the District of Alaska, by the 
authority in me vested by the Constitution and laws of the United States, do hereby 
appoint and commission him, the said Don-a-wak, private of Indian police for the 
Chilkoot region under the laws of the district, and I authorize him to discharge, 
according to law, the duties of said office, and to hold and enjoy the same, together 
with all the powers, privileges, and emoluments thereto appertaining, for the term 
of one vear. He will report for instructions to Officer Nathaniel Jones and Deputy 
Marshal J. J. Healy. 

In testimony whereof, I have hereunto set my hand and caused to be affixed the 
great seal of the District of Alaska. Done at Sitka, this 1st day of February, in the 
year of our Lord 1891. 

[seal.] Lymax E. Knapp. 

By the governor: 

N. R. Peckinpaugh, Secretary. 



Certificate of authentication of foregoing papers. 

United States of America, 

District of Alaska, Diiision No. 1, ss: 

I, W. J. Hills, clerk of the United States district court for the District of Alaska, 
division No. 1, do hereby certify that the above and foregoing and hereunto annexed 
are full, true, and correct copies of letter from Edward P. Lull, commander, com- 
manding V . S. S. Waclutsetts, to Donowock, chief of one of the Chilcat villages, 
dated August 24, 1881. 

Letter from Henry E. Nichols, lieutenant-commander, U. S. Navy, commanding 
Piiita, to Chief Donowaak and Chief Clanaat and the Chilkoot Indians, dated May 
18, 1885. 

INIemorandum from Rear- Admiral A. M. Pennock, U. S. Navv, on flagship Saranac, 
dated July 30, 1878. 

Appointment by Governor Lyman E. Knapp of Don-a-wak as private of Indian 
police for the Chilkoot region, dated February 1, 1891. 

Letter from E. C. Merriam, commander, commanding Adams, dated May 29, 1883. 

That the same were made from, and by me compared with, the originals which 
are now in the jiossession of Don-a-wak, chief of the Chilkoot Indians^ which said 
chief is at present residing at Haines, in the district of Alaska. 

In witness whereof I have hereunto set mv hand and affixed the seal of the court 
this 27th dav of March, A. D. 1903. 

[seal.] " W. J. Hills, 

Clerk U. S. District Court for Dirision No. 1, Alaska, 

By J. J. Clarke, 

Dejnity. 



AMERICAN OCCUPATION. 481 

Deposit !<») of John Don-a-iralx', 

United States of America, 
District of Alaska^ ss: 

John Don-a-wak, being first duly sworn, on oath deposes and says: 

I am a native Alaskan Indian of the C'hilkoot tribe, boi'n near the 
point known as Haines, in the District of Alaska, and that 1 have 
always lived in and about that point, at times living at Dyea. Alaska, 
being engaged in packing over the Chilkoot Pass. 

1 was present in ISSN when Klanoot was killed and Sitka Jim, an 
Indian, was killed. That I remember a boat coming up from Juneau 
with a number of white men aboard, and that an investigation was 
held over the bodies of the dead men. 

I remem])er shortly previous to Klanot's death that a boat came to 
Haines and Klanot was asked aboard the boat and afterwards taken 
away from Haines and taken to Juneau for striking P>ishop Sagers in 
till' mouth, as 1 rememl)er, with a handful of gravel. 

1 also remember the death of an Indian named Johnson at the hands 
of On-tee-Ateley, and the arrest of On-tee-Atele_y and a number of 
other Indians by Edward Armstrong and other officers near Davidson 
Glacier, 

I rememlier also the case known as the Jack Wade case, and remem- 
ber seeing a number of the prisoners taken al)oard the steamer Rustler 
by the United States officers, and remember that a man-of-war was 
also in the harbor at Haines and landed a numl)er of soldiers or 
marines. 

I rememlier numerous other incidents in which arrests were made 
and officers exercised their jurisdiction in and about the country bor- 
dering upon Lynn Canal, Chilkat Inlet, and Chilkoot Inlet and as far 
inland as the summits of the passes in the mountains therefrom. 

I remem])er and was present at Dyea when certain liquors were 
seized at or near Stone House and were bi'oken open by the customs 
officers. I saw the casks after they had been broken open. 

That at no time during my memory have the officials of any other 
country attempted to assume or enforce jurisdiction over the country 
above described. 

1 am, and have been for some time past, a member of the Salvation 
Army at Haines, and am the leader at Haines of the Salvation Army. 

his 

John x Don-a-wak. 

mark 

In presence of — 
J. J. Clarke. 

Subscribed and sworn to before me this 2Tth dav of March, A. D. 
1903. 
[seal.] J. J. Clarke, 

Deputy CUrl' United States District Court 

for Division No. 1, Aiasl'o. 



432 PAPERS RELATING TO 

Deposition of Ethnii'd uii'iustrong. 

United States of America, 
D/'st/'k't of Alaska., ss: 

Edward Armstrong', being lirst duly sworn, on oath deposes and 
says: 

I am a native of Alaska; ])orn near tlie point known as Wrangvll, 
Alaska, in the 3'ear 18()1). That 1 am of Scotch-Indian descent, and 
have lived in the District of Alaska ever since my birth, except fifteen 
months that 1 attetided school at the Indian Training School at Salem, 
Greg. 

That for a large part of the time since the year 1S82 I have been 
employed in the service of the United States Government as Indian 
police ofhcer and interpreter. 

That I am well acquainted with that portion of Alaska known as 
southeastern Alaska, especially with that portion of Alaska adjacent 
and tributarv to those bodies of water known as Taku Inlet. Lvnn 
Canal. Chilkbot Inlet, and Chilkat Iidet. 

That I am familiar with the jurisdiction exercised by the United 
States courts in the District of Alaska from the year 1884 to the pres- 
ent time, and with the jurisdiction exercised l)v other oiEcials of the 
United States from the year 1882 to the present time. 

That 1 distinctly remember that in the fall of 1882 I was on ))oard 
the U. S. man-of-war Massachusetts., and that said vessel then came to 
Portage Cove, on the shores of Lj'nn Canal, being the harbor or cove 
now known as Haines, Alaska. 

That said vessel came to Portage Cove for suppressing the trouble 
among the Indians at or near Portage Cove, and that one Captain 
Glass was in command of said vessel. 

That at said time a portion of the Indians complained of at or near 
Portage Cove were brought aboard said ship and l)rought before the 
commander of said vessel, and the matter of difficulty was discussed 
and arbitrated; and that thereafter said vessel sailed from said port to 
Sitka, Alaska. 

That in the years 1888 and 1889 I was a guard in the United States 
jail at Juneau, and acting as Indian interpreter before the United 
States courts during said years; and that on several occasions I came 
to Haines, Alaska, and Chilkat, Alaska, as interpreter with deputy 
marshal to make service of legal papers on natives of the Indian vil- 
lages at said points. That the exact nature and description of the 
cases in which these services were made are not distinct in ni}' recol- 
lection. 

That in the year 1890 1 accompanied Harry Bursen, United States 
census taker, and was with him live months. That we took the census 
of natives and white settlers from Cape Fanshaw, near Wrangel, to 
Yakutat, on the shores of the Gulf of Alaska; and that during said tri]) 
we took the census of natives and whites around the head of Lynn 
Canal and as far u]) the Chilkat River as Klukwan, including Klukwan; 
and took the c(misus of natives around Taku Inlet and the I'aku Piver, 
proceeding and taking said census as far as 30 miles up the Taku Ki\er 
at an Indian village al)out 80 miles up said river where all of tiie 
Indians at said place gave their enumerations for the purpose of said 
census. 

That in the year 1891, under United States Marshal Porter, I was 



AMERICAlSr OCCUPATION. 433 

guard and chief of Indian police at Juneau, Alaska, and interpreter 
before tiae United States courts. 

That in July of said 3"ear I came with the deput}^ marshal, Max 
Endelman, at the time of the arrest of Indian Tom and Jim Hansen and 
other natives for murder of a white man and an Indian; which affair 
was the case commonly^ known as the Jack Wade case. 

That said Indian Tom was arrested at said time hy Jack Dalton, 
deputy United States marshal, and others, at a point up the Chilkat 
River known as Yindiskuckki, only a few hundred yards distant from 
the point commonly known as Oohichan Patch. 

That at said time the U. S. man-of-war Plnta proceeded to Haines 
Mission and anchored off Haines; and that in company with Deputy 
Marshal Max Endelman I proceeded across the peninsula from Lynn 
Canal to Chilkat Inlet at Haines in company with 2<> marines off' of 
said vessel to assist in said arrests. 

That at various other times during my service under Marshal Porter 
I came to Chilkat, on Chilkat Inh^t, and Haines, on Lynn Canal, to 
attend to the service of process of the United States courts for the dis- 
trict of Alaska. 

That in the month of August, 1894, to the best of xccy recollection, 
and while I was in the service of United States Deputy Marshal L. L. 
Williams, I accompanied Deputy Marshal Jack Ross and United States 
Customs Inspector James Slater on the steamer Rusilei\ Capt. Mal- 
com (!^ampbell, to the vicinity of Chilkoot, Alaska, for the purpose of 
arresting seven Indians who had threatened the murder of an Indian 
known as Indian Joe; and that after reaching Chilkoot, Alaska, which 
is at the mouth of the Chilkoot River, a short distance north of Haines, 
we ascertained that said Indians had proceeded down the peninsula 
between Chilkat Inlet and Lynn Canal to a point in the vicinity of 
Davidson's Glacier, and that said Indians were h\ said party arrested 
at or near said glacier, in the swamps adjacent thereto, and taken into 
custody and brought to Juneau, Alaska, and there tried. 

That about the same time as tlie last incident mentioned I was 
appointed special deputy marshal. b\^ the marshal, L. L. Williams, and 
came to Dyea, at the head of Lynn Canal, with Deputy United States 
Marshal William Hale, and arrested one Skundoo, an Indian doctor, 
on the charge of murder; that said murder was charged in connection 
with the practice of said Skundoo in torturing Indians for witchcraft, 
and that said Skundoo was then and there arrested and brought to 
Juneau, Alaska, and there tried; and that in connection with said case 
I also served subpcenas upon a number of Indians at the Indian village 
of Klukwan, on the Chilkat River, in the district of Alaska. 

And that after the year 1897, after leaving the United States mar- 
shal's office, I proceeded to a point known as Dalton's Post, on the 
Dalton Trail and interior from Chilkat Inlet about 85 miles from the 
village of Klukwan. 

That said post was established and maintained by one Jack Dalton, 
an American citizen, residing in and about Chilkat Inlet, and that at 
said time there were no Canadian officials in the neighborhood of said 
post or to the seaward of said post around the country adjacent to 
Chilkat Inlet, except a party of four Canadian surveyors who were 
surveying in the vicinitv of Dalton Post. 

That in the spring of 1898 I took charge of a store belonging to the 
said Dalton, at what is now called Pleasant Camp, on the Klahena 

21528—03 35 



434 PAPEKS RELATING TO 

River, about 17 miles from the mouth of .said river; and that during 
said vear 22 Canadian mounted police, under command of Major Jarvis, 
had come in in the sprinj^- of said year on their wa}' to the countr}^ 
known as Rainy Hollow, with the intention of there establishing a 
frontier post; })ut that afterwards their plans were changed and they 
established their camp at the point known as Pleasant Camp. 

That subsequently thereto, in the year 1900 or in the year 1901, after 
the temporary l)oundary provided for by treaty had been established, 
the Northwest mounted police moved their post down the Klahena 
River IT miles to a point known as Wells, about 2 miles distant from 
the Indian village of Klukwan, and have since maintained their post at 
that place. 

That numerous incidents which I am unable at this time to call to 
memory, in addition to those incidents specifically mentioned herein, 
have occurred in which the jurisdiction and authority and process of 
the officials of the United States court and of other officials of the 
United States have been exercised in and about the shores of Chilkat 
Inlet and as far inland as the passes in the mountains adjacent thereto, 
and likewise have instances of such jurisdiction occurred in and about 
the shores of Lynn Canal and as far north as the summit of the passes 
in the mountains north thereof, and that such authority and jurisdic- 
tion has during all time within my memory been exclusive, uncontested, 
and uncontradicted. 

That during all of said time I have been well acquainted with the 
members of the various Indian tribes w^ithin the range of the territory 
above described, and that the authorit}^ of the United States has been 
recognized and obeyed and that no other authority has been recog- 
nized by the Indian tribes, and that during all time within my memory 
there has never been any attempt on the part of the officials of any 
other nation or sovereignty to exercise control or jurisdiction within 
the limits above described. 

Referring again to the incident of my arrival at Haines on the ship 
MasmcJiusetts, I remember that at that time the captain of the vessel 
caused the cannon to be shot several times over the peninsula between 
Portage Cove and Chilkat Inlet. 

Edward Armstrong. 

Subscribed and sworn to before me this 27th day of March, A. D. 
1903. 

[seal.] J, J. Clarke, 

Deputy Clerh United States Dhtrict Court 

for Division No. i, Alaska. 



Deposition of E. B. Clark. 

United States of America, 
District of Alaska., ss: 
E. B. Clark, being first dul}" sworn on oath, deposes and sa3^s: 
I am a resident of the district of Alaska, residing near the mouth of 
the Chilkat River at a point called Industuckki; that I first came to 
Alaska in the year 1889; Miat I spent about a month in the year 1889 
in and about Chilkat Inlet, and in the year 1890 I came to Chilkat 



AMERICAN OCCUPATION. 435 

and have resided in the neighborhood of Chilkat Inlet ever since that 
time, except when absent on prospecting and exploring expeditions; 
that I am well acquainted with the country bordering upon and adja- 
cent to Lynn Canal and Chilkat Inlet and Chilkoot Inlet, and that 
during all of my residence in the district of Alaska I have heard of 
and known of many cases in which the officials of the United States 
Government of its various departments in the United States courts 
have exercised jurisdiction over all of that territory bordering upon 
said inlets and adjacent thereto and as far inland therefrom as the 
summits of the passes in the mountains. 

That shortly after or at the time I came to Chilkat Inlet one F. H. 
Poindexter, residing at Chilkat^ was appointed a justice of the peace, 
and that on various occasions he exercised jurisdiction of a justice of 
the peace in the vicinity of Chilkat Inlet, several of which cases I 
distinctly remember. 

I remember a case in which certain liquors were seized by one 
John J. Healy, between the year 1890 and the year 1892, at Chilkat, 
and by him placed in the possession of said Poindexter in his store at 
Chilkat; and I also remember that said liquors were subsequently 
stolen from the store of said Poindexter by boring a hole in the floor 
beneath the barrels. 

I remember also a case in which one Hugh Murray, a cannerv man 
near Chilkat, in the District of Alaska, on the shores of Chilkat Inlet, 
w^as robl)ed of a number of blankets by an Indian woman, since known 
as "■ Blanket Susie,'' and that she was arrested and tried at said time. 

I remember also an incident about the same time in which one Ed. 
Gibson was attempting to bring a keg of liquor into Chilkat across 
the peninsula from a point known as Haines Mission, and that an 
Indian informed John J. Healy, then deputy United States marshal 
at Chilkat, of the attempt, and the said Healy met him on the trail 
between Haines and Chilkat and seized said liquor and deprived the 
said Gibson thereof. 

I remember also a case about said time in which a man was arrested 
for stealing a side of beef, which had been let down to him from the 
stern of one of the ocean vessels then lying in the harbor at Chilkat 
Inlet, near Chilkat. 

I remember also that case known as the "Jack Wade case," in which 
a number of other persons were implicated, including Indians, and in 
Avhich the deputy United States marshal proceeded as far as Indistuckki, 
near the mouth of the Chilkat River, and exhumed a body there, and 
that a coroner's inquest was held at said point over said body, and a 
number of arrests were made at said time in connection with said atfair; 
that the Jack Wade case arose out of the killing of an Indian by the 
said Jack Wade and the aflray which followed therefrom. 

I remember also, although not present at the time of the arrest, that 
incident known as the '" Skundoo case," in which Skundoo was arrested 
at or near Dyea, in the District of Alaska, for certain tortures of other 
Indians charged with witchcraft in Klukwan, at or near Klukwan, in 
the District of Alaska. 

And I also remember that Ed. Armstrong, an interpreter for the 
United States courts and special deputy marshal, came up into Chilkat 
Inlet and up the Chilkat River as far as Klukwan and brought down 
certain witnesses material to the trial of the issues in that case. 

I remember that prior to the influx known as the "Klondike rush " ttie 



436 PAPERS RELATING TO 

United States kept and maintained a post-office at Chilkat, in F. H, 
Poindexter's store. 

I remember also, in the 3'ear ISl^O. the officials of the United States 
eno-aged in taking the census of that decade came to the shores of Lynn 
Canal and Chilkat Inlet and included in their enumeration all the resi- 
dents thereabout, including Indians, and proceeded b}" the Chilkat 
River as far as at least the village of Klukwan, taking enumeration at 
that point. 

I remember that Edward Armstrong, an interpreter for the United 
States courts, accompanied the census taker when he was in and about 
said places. 

I remember that some time about the spring of 189-1 an Indian by 
the name of On-tee-Atelay killed another Indian in the neighborhood 
of Chilkoot, and that the friends of the Indian that had been killed 
pursued the said On-tee-Atelay from Chilkat down the peninsula 
between Haines Mission and Chilkat Inlet to a point in the vicinity of 
Davidson's Glacier, and that there a number of the Indians, implicated 
both in the murder and in the pursuit of the murderer, were arrested 
by the United States deputy marshal from Juneau and taken into cus- 
tody, among whom, I believe, was an Indian known as ''Indian Tom." 

That as early as 1890 a trading post had ])een established at the head 
of Lynn Canal b}- John J. Heah' and Edgar Wilson, copartners, under 
the iirm name and style of Healy & Wilson. The}^ were American 
citizens and claimed title to their lands under and bv virtue of posses- 
sion, and claimed protection to such possession under the laws of the 
United States. 

That prior to the Klondike rush of 189T, and even prior to my arrival 
in the vicinit}" of Chilkat Inlet, a number of claims had been taken 
into possession by white people, including two cannery sites on the 
shores of Chilkat Inlet. 

That during all of m^^ residence in the District of Alaska the coun- 
tr}' adjacent to and bordering on Chilkat Inlet and Lynn Canal has 
been treated by all persons concerned as within the jurisdiction and 
protection of the laws of the United States; and that all property has 
been taken up, held, and acquired pursuant to said laws, and all record 
and evidence of title made in accordance with the provisions of the 
laws of the United States applica]:)le to the District of Alaska; and 
that such has been the case as far north of Chilkat Inlet as points on 
the Porcupine and Klagena rivers and other points now on the Cana- 
dian side of the provisional boundary of 1899. 

E. B. Clark. 

Subscribed and sworn to before me this 27th dav of March, A. D. 
1903. 

[seal.] J. J. Clarke, 

Deputy Clerk United States District Court 

for Division No. i, Alaska. 



Deposition of S. Hall Young. 

United States of America, 
District of Alaska, ss: 
S. Hall Young, being first duly sworn, on oath deposes and says: 
I am a minister of the Gospel, the general superintendent of missions 

of the Presbyterian Church in the District of Alaska. 



AMERICAN OCCUPATION. 437 

That I first came to the District of Alaska in 1878 in the month of 
July in company of John Muir, a scientist and explorer. I made two 
long- canoe vo3'ages in southeastern Alaska in the years 1879 and 1880. 

That I am a citizen of the United States, and have since said time 
been in and about the District of Alaska a large part of the time, and 
have resided in the District of Alaska for more than fifteen years. 

That the said John Muir and myself came to a place near that point 
now known as Haines Mission, in the District of Alaska, and also visited 
Glacier Bay, near that glacier now known as Muir Glacier, in the 
District of Alaska. 

In the year 1880 1 came up again to that point on Lynn Canal now 
known as Haines Mission and stepped ofi' a site for the Presbyterian 
mission at said point, and in 1884 said site was surveyed for the Pres- 
byterian board of missions and a location notice thereof recorded at 
Juneau, in the District of Alaska, with the United States commissioner 
at said place. 

That the Presbyterian Board of Home Missions is a private corpora- 
tion, duly organized and existing under and by virtue of the laws of 
the State of New York. 

That as early as 1880 the said Presbyterian Board of Home Missions, 
through its duly appointed missionary at said place, was in possession 
and control of a certain mission site at Klukwan, in the district of 
Alaska, and maintained possession thereof from said date to the pres- 
ent time, and erected improvements thereupon. 

That in the year 1880 1 also visited a point now known as Dyea, in 
the district of Alaska, at the head of Taiya Inlet, 

That at that time I there found John J. Healy and Edgar Wilson, 
copartners, doing business under the firm name and style of Healy & 
Wilson. That they had several buildings erected and in the course of 
erection, having settled there only a short time previous. That both 
said Healy and Wilson were American citizens and, as I am informed 
and believe, had located and were holding their propert}^ under and 
by virtue of the laws of the United States. 

That, to my personal knowledge, during ni}' travels in and about Lynn 
Canal, in the district of Alaska, the boats of the Nav}" and Revenue 
Department of the United States from time to time cruised upon 
waters of Lynn Canal and enforced such order and rendered such 
assistance and aid as were possible from them to the inhabitants of the 
shores of Lynn Canal; that in 1896 the mission site now known as the 
Presbyterian mission at Haines, Alaska, was duly surve\'ed by one 
Woodward, a deputy United States surveyor, and said survey was 
liled in the office of the surveyor-general and patent applied for there- 
upon for the lands embraced in said survey, and that the Land Depart- 
ment of the United States took jurisdiction and cognizance of said 
application, and that application for patent to said lands is now in the 
process of consummation under the jui'isdiction of the Land Department 
of the United States. 

S. Hall Young. 

Subscribed and sworn to before me this 26th dav of March, A. D. 
1903. 

[seal.] J. J. Clarke, 

Dejmty Cltrh United States District Court 

for Division No. 1, Alaska. 



438 PAPERS RELATING TO 

Deposition of Leiois L. Williams. 

United States of America, 
District of Alaska, ss: 

I, Lewis L. Williams, being first duly sworn, depose and say: That 
I am a citizen of the United States and a resident of the district of 
Alaska, and have been at all times since 1886 a resident of said dis- 
trict. That in August, 1886, I was appointed United States commis- 
sioner for the district of Alaska, to reside at Juneau, by the Presi- 
dent of the United States, and held said office until September, 1890. 
That during the time I acted as such commissioner man}" prisoners 
were brought before me for trial, and many of said prisoners were 
tried, convicted, and sentenced in my court; that many of said pris- 
oners were tried and convicted for violations of United States laws 
committed in what is now known as the Porcupine mining district, 
district of Alaska, and north of Klukwan, in said district. That 
nobody ever questioned my jurisdiction as such conuiiissioner to hold, 
try, and determine said causes on account of said territory where said 
offenses were committed being without the jurisdiction of the United 
States. 

That all of the Indians residing and inhabiting that region of terri- 
tory bordering on Chilkat River and northerly of !<aid Klukwan, at all 
times since my arrival in Alaska, recognized and acknowledged that 
they were subject to the jurisdiction of tlie United States Government. 
That while acting as such commissioner I had occasion to go to the 
village of Chilkat, on Chilkat Inlet, in the district of Alaska, for the 
purpose of holding an inquest over the remains of an Indian; that no one 
questioned my jurisdiction or authority as such commissioner to hold 
said inquest; that I went to Chilkat from Juneau for the purpose of 
holding said inquest at the instance of many white settlers in that 
vicinit}'; that in accordance with such request I went to Chilkat and 
held an inquest over the remains of a deceased Indian for the purpose 
of determining the cause of death; that my expenses incurred for 
chartering a))oat for the purpose of going to Chilkat at that time were 
allowed by the United States Government. 

That in February, 1894. I was appointed United States marshal for 
the District of Alaska by the President of the United States and con- 
tinued to hold said office until August, 1897. That while acting as 
such United States marshal I had occasion to direct my deputies at 
various times to make arrests of parties accused of crime in the Por- 
cupine mining district and north of the village of Klukwan, in said 
district. That neither the Canadian government nor any of its officers 
ever questioned the right of myself or deputies to arrest any parties 
for a violation of the Unitc^l States laws applicable to the District of 
Alaska within said Porcui)ine mining district. 

That while acting as United States marshal one Scum Doo, an 
Indian, was indicted by the grand jur}' of the United States district 
court for the District of Alaska for murder committed in the vicinit}^ 
of Chilkat; that said Scum Doo was apprehended by officers acting 
under my direction at the village of Klukwan, in the District of 
Alaska, and brought before the United States district court for the 
District of Alaska for trial, and was there duly convicted of man- 
slaughter by the jury and sentenced by the court to imprisonment in 
the penitentiary for three vears, and was afterwards under said sen- 



AMERICAN OCCUPATION. 439 

tence taken to the penitentiary at San Quentin, in the State of Cali- 
fornia, for the purpose of serving- the term ordered by said judg-ment 
of said court. 

That while the indictment in said cause charged the defendant with 
the commission of said offense at or nearChilkat, said crime, as shown 
b}^ the evidence, was committed consideral)Iy north of said Chilkat, 
to wit, near the village of Klukwan, which village is situated near the 
Klahini River, near the junction of the Chilkat and Klahini rivers, in 
the District of Alaska. That the hereto-attached papers, consisting of 
five pages, marked, respectively. A, B, C, D, and P], are portions of the 
record in said cause of the United States v. Scum Doo. That said 
Exhibits A and B constitute a certified copy of the indictment in said 
action; that said Exhibits C and D constitute certified copies of the 
journal entry, showing impaneling of the jury in said cause and the 
verdict of said jury in said cause; that said Exhibit E is a certified 
copy of the judgment of the court in said cause. 

Lewis L. Williams. 

Subscribed and sworn to before me this 26th day of March, 1903. 

[seal.] T. R. Lyons, 

JVof ((/■{/ PuNic in and for the District of Alaska. 



A and B. 

The United States of America. District of Alaska. In the district court of the 
United States for the District of Alaska. 

The United States of America 1 

Scum Doo, an Indian, whose ,-eal United States Revised Statutes, par. 5339. 
name is unknown. J 

At the adjourned November term of the district court of the Unites States of 
America within and for the District of Alaska, in the year of our Lord one thousand 
eight hundred and ninety-four, begun and held at Juneau, in said district. 

The grand jurors of the United States of America, selected, empaneled, sworn, and 
charged within and for the District of Alaska (which said district had been before 
the first day of January, A. D. 1894, ceded to the United States, and has ever since 
and is now under the sole and exclusive jurisdiction of the United States), accuse 
Scum Doo, an Indian, whose real name is to the grand jurors aforesaid unknown, by 
this indictment of the crime of murder, committed as follows: 

The said Scum Doo, at or near Chilkat, within the said District of Alaska, and within 
the jurisdiction of this court, wilfully, feloniously, and of his malice aforethought, 
contriving and intending, one Ches Oghk, an Indian woman, whose real name is 
unknown to the grand jurors aforesaid, feloniously to starve, kill, and murder, on or 
about the 24th day of March, in the year of our Lord one thousand eight hundred 
and ninety-four, and on divers days and times between that day and the 2d day of 
April, in the year of our Lord one thousand eight hundred and ninety-four, at or 
near the place aforesaid, in the district aforesaid, in and upon the said Ches Oghk, 
an Indian woman, whose real name is to the jurors aforesaid unknown, in the peace 
of God, and at the district aforesaid, then and there l)eing, feloniously, wilfully, and 
of his malice aforethought, did make divers assaults; and that said Scum Doo, on or 
about the 24th day of March, in the year last mentioned, in the district aforesaid, 
her, the said Ches Oghk, in a certain room in the house of Kee-ke-na-su, an Indian 
whose real name is to the jurors aforesaid unknown, at said place and in said dis- 
trict then situate, feloniously, wilfully, and of his malice aforethought, the said Scum 
Doo did cause the said Ches Oghk to be confined and emprisoned, and bound with 
strong ropes; and that said Scum Doo from on or about the 24th day of March, in the 
year of our Lord one thousand eight hundred and ninety-four, until on or about the 
2d day of April, in the year last mentioned, in the district aforesaid, feloniously, 
wilfully, and of his malice aforethought, did neglect, omit, and refuse to give and 



440 PAPERS RELATING TO 

administer, and permit and suffer to be given and administered to her, the said Ches 
Oghk, sufRfient meat and drink necessary for the sustenance, support, and mainte- 
nance of the body of her, the said Ches Oghk; T)y means of which said confinement 
and imprisonment, and also of such neglecting and refusing to give and administer, 
and to iiermit and suffer to be given and administered to said Ches Oghk, such meat 
and drink as were sufficient and necessary for the sustenance, support, and main- 
tenance of the body of her, the said Ches'Oghk, she, the said Ches Oghk, from on 
or about the 24th day of ]March, in the year last mentioned, until on or about the 
2d day of April, in the same year, in the" district aforesaid, did languish, and lan- 
guishing did live, until on or' about which said 2d day of April aforesaid, the said 
Ches Oghk of the neglect aforesaid did die. 

And so the grand jurors duly selected, empaneled, sworn, and charged as afore- 
said, upon their oaths do say: That the said Ches Oghk, he the said Scum Doo, 
did then and there in the manner and form aforesaid, feloniously, wilfully, and of 
his malice aforethought, kill and murder, contrary to the form of the statutes in 
such cases made and provided, and against the peace and dignity of the United 
States of America. 

Lytton Taylor, 

United States Attorney. 
United States of America, 

District of Alaska, Dirision No. 1, ss: 

I, ^V. J. Hills, clerk of the U. S. district court for the District of Alaska, Division 
No. 1, hereby certify that the hereto-attached indictment, consisting of two pages 
marked "A'"' and "B," is a full, true, and correct copy of an indictment now on 
file in my office in the case of the United States of America r. Scum Doo, an Indian. 

In witness whereof I have this day set my hand and affixed the seal of the court 
this 26th day of March, 1903. 

[seal] ' W. J. Hills, 

Clerk U. >S. Dist. Court for District of Alaska, Division No. 1. 

By Walter S. Coutant, 

Deputy. 



c. 

Juneau, Norember 26, 1894- 
The United States v. Scum Doo. 

This cause coming on for trial, the plaintiff being represented by Lytton Taylor, 
esq.. United States district attorney, and the defendant being personally in court, 
and his counsel, J. F. Malony, esq.", the venire of the petit jury being called by the 
clerk, and the jurors sworn as to their qualifications, and being passed for cause, the 
following jurors were sworn to try the issues: E. J. Hunsacker, W. G. Jack, Chas. 
Foreman, P. H. Fox, John P. Burns, J. P. Jorgonson, A. A. Runkel, Thos. Kiernan, 
John Gamble, H. J. Beltzhoover, Henry Hill, John McKinnon. 

The evidence being heard, the cause being argued by counsel, the jury charged by 
the court and retired for deliberation, and in charge of a sworn officer. The jury in 
above-entitled cause, after coming into court, and t)eing called by the clerk and all 
answering, the plaintiff ])eing represented by the United States district attorney, the 
defendant being present, and his counsel, the jury rendered the following verdict: 
"The United States of America, District of Alaska." In the district court of the United 
States for the district of Alaska. The United States r. Scum Doo. 

"We, the jury, empaneled and sworn in the above-entitled cause, find the defend- 
ant guilty of manslaughter. 

"John E. Gamble, Foreman." 

D. 

It is therefore ordered by the court that the jury be discharged from further 
attendance on this cause. 

United States of America, 

District of Alaska, Dirision No. 1, ss: 
I, W. J. Hills, clerk of the United States district court, for the District of Alaska, 
division No. 1, hereby certify that the foregoing is a full, true, and correct copy of a 
certain journal entry in the matter of the United States r. Scum Doo, an Indian, found 



AMERICAlSf OCCUPATION. 441 

on pages 570 and 571 of the records of my office in Journal 4, which copy of said order 
is marked "C and D" and attached hereto. 

In witness whereof I have this day set mv hand and affixed the seal of the court 
this 26th day of March, 1903. 

[seal.] W. J. Hills, 

Clerk United States District Court for District of Alaska, Division No. 1, 

By Walter S. Coutant, 

Deputy. 



p:. 

Juneau, Monday, December 26, 1894. 
The United States) 

r. \ No. 392. 

Scum Doo. J 

Now, at this day comes the plaintiff, by Lytton Taylor, escj.. United States attorney, 
as also comes the defendant in person, with J. F. 3Ialony, esq., as counsel, and 
appearing for judgment. 

And it is hereby ordered, adjudged, and decreed that defendant be, and the same 
is hereby, cf)nvicted of the crime of manslaughter, and sentenced to imprisonment in 
the penitentiary for the term of three years. 

United States of America, District of Alaska, ss: 

I, J. W. Hills, clerk of the United States district court for the District of Alaska, 
Div. No. 1, do hereby certify that the foregoing is a full, true, and correct copy of the 
original order found on page 627 in book 4 of the records of my office. 

Dated this 26th day of. March, 1903. 

[seal.] ' W. J. Hills, Clerk, 

By Walter S. Coutant, Deputy. 



Deposition of In-da- Yonl:. 

United States of America, 

District of Alaska^ ss: 

In-da-Yonk, alias Schwatka, being- first dul\' sworn, on oath deposes 
and says: 

I am a native Alaskan Indian of the Chilkat tribe. 

That I have been an explorer and guide and trader in Alaska for a 
number of years, residing principality around Haines, Alaska; Kliik- 
wan, Alaska, and Dyea, Alaska. 

That I was the Indian guide for Lieutenant Schwatka on his explo- 
ration of the Yukon Ri\'er, and accompanied him from St. Michaels as 
far as San Francisco, about the year 1886. 

That I distinctly recollect the time when Alaska was turned over by 
the Russians to the United States. 

That I reached Sitka shortly after the transfer had been made. 

That prior to such transfer the Indians among whom I was raised 
and lived considered the Russians merely as traders temporarily in our 
country, and it was not common talk among the Indians that any other 
persons or nations claimed the country known as Alaska until the time 
of the transfer, when it became known to us that Russia had left the 
country and sold it. 

That I remember about twenty years ago when a ship of the U. S. 
Navy came to Haines. Alaska, and some of the Indians went aboard of 
her, and I remember that at that time I was told that the ship had tired 
shots over the hill near Haines, Alaska, to show the Indians how the 
guns worked. I was not present at Haines at that time, but came to 
Haines shortly afterwards, having at that time been at the village of 
Klukwan. 



442 PAPERS RELATING TO 

That pi'ior to the visit of the ship that shot the cannon another ship, 
much larg-er and more impressive, of the U. S. Nav}", was seen off 
Haines in the neigh ])orhood of Haines, but that no shots were lired by 
that ship. 

That although not personally present I recollect verj^ well several 
incidents in which arrests were made V)y officers of the United States 
in and about the shore of Lynn Canal and Chilkat Inlet. 

1 remember that one Klanot, head chief of the Chilkat tribe, living- 
at Dyea, Alaska, was arrested for slapping one Bishop Sagers. This 
occurred near the time that I went into the Yukon with Lieutenant 
Schwatka. 

1 also remember when my brother Skundoo was arrested and tried 
for punishing- certain Indians for witchcraft. I was present at Dyea 
at the time the boat came in with the officers and took Skundoo away 
with them, and I remember fully all the incidents in connection there- 
with. 

I remember also that he was either in jail or the penitentiar}^ for 
several years. 

I remember when several Indians among whom was Kok-hia Short- 
ridge and Kow-ish-tee and Yet-Kahk were arrested for assaulting 
Hugh Murra}^ the cannery man at Pyramid Harbor. 

I remember also that John J. Healy was deputy marshal in Chilkat 
for awhile, some time before the rush of people to the Klondike. 

That during all the time I have lived around L3nm Canal and Chil- 
kat Inlet the Indians whom I have known have always recognized the 
jurisdiction of the United States over the country around the shores 
of the inlet and the country adjacent to the inlet and to Lynn Canal, 
and have alwa3's respected the laws of the United States and their offi- 
cers, and have never known of an}- other officials of any countr}' trying 
to make order or enforce laws in any wa}' of the country adjacent 
either to Chilkat Inlet or Lynn Canal. 

I also know that among- the Indians of the Chilkat tribe upon the 
Chilkat River the authority and jurisdiction of the officials of the 
United States has been recognized right along b}^ the Indians residing 
at Klukwan, in the district of Alaska. 

I remember shortlv after the Russians turned over this country to 
the United States a liag was given to Chief Shortridge, of the Chilkat 
Indians, although I was not present at the time the boat came in and 
the flag was given to Shortridge; but the flag was put up on a flagstaff' 
at Klukwan at the chief's house and kept there for about a year, 
being ]nit up at least once a week — on Sundays. 

That prior to this time an Indian had come from the neigh])orhood 
of Skeena River, and had been taught about Sundays by a Catholic 
priest, and had taught the Indians about Sunday, and that the flag was 
put up on Sundays, and that the Indians knew when Sunda}' came at 
that time because that Indian preached on Sundays. 

his 

In-da-Yonk X 

mark. 

In the presence of — 
J. J. Clarke. 

Subscribed and sworn to before me this 26th day of March, A. D. 1903. 
[seal.] J. J. Clarke, 

Deputy ClerJi'^ United States District Court, 

Division iVf>. 7, AlasTca. 



AMEKICAN OCCUPATION. 443 

Dej)osition of George Kostronietinvff. 

District of Alaska, 

VilJcKje of Sith(^ ss: 

George Kostroiiietinotf, being duly sworn, deposes and saj's: 

I am 49 3"ears of age and a citizen of the United States. 1 was born 
at Sitka, Alaska. I have been in the emplo}' of the United States 
Government .since July 11, 1876, ofi' and on, in the capacit}' of official 
interpreter, and as such have traveled all along the coast of Alaska 
fronl Dixon P^ntrance to Point Barrow, and at different times visited 
the principal villages on the coast. 

I am acquainted with that strip of territor}' over which there is dis- 
pute between the United States and Great Britain, and have traveled 
through portions of that territory. 1 have been up the Chilkat River 
as far as the native village of Klah-Kwan, which is from 20 to 25 miles 
from salt water. I was there only once, and that was with ex-Gov- 
ernor Lyman E. Knapp, in July, 1891. Governor Knapp was then 
making an official tour and I went with him in the capacity of inter- 
preter. He went up there to a village of Indians to hear theii* com- 
plaints and adju.st their difficulties as far as he could. There were 
several officials beside Governor Knapp in the party, among them the 
executive officer of the U. S. S. Pinto and the pa^nuaster. 

I did not see any mining going on there at that time in the vicinit}'^ 
of Klah-Kwan, but I heard that there was in that country, not at 
Klah-Kwan, but farther up; there was no mining at the village. We 
got there in the evening — in the sunuiier time, and of course it was 
davlight all the time — and left there the next day, the forenoon of the 
next day. I did not hear of anyone there at that time claiming any 
jurisdiction on behalf of any other Government than the United States, 
and as far as I know we were on American territory. There were no 
white men there at all; no one but the Indians. I made other trips up 
the Chilkat River than the one I mention later. I made one trip with 
Judge Johnson and Lawyer Cobb of Juneau as far as a summer village 
of the Indians, about halfway to Klah-Kwan, to investigate trouble 
between natives and white men about a trail that ran from Haines — 
trail running from Haines Mission and following the banks of the 
river; that trail was supposed to go to the Porcupine District. 

At the time I was up there with Governor Knapp, in 1891, I heard 
no question as to the authority of the United States over that country. 
It was not questioned l)y anybody. It was always claimed and always 
recognized as United States territory. The question was never brought 
up until gold was found there. The nearest that I have been to the 
Porcupine country is this village Klah-Kwan. 

When I was in Skagway, in 1899, I met several 'hiefs who com- 
plained to me about the outrages committed by the Canadian police. 
The}' claimed that the trail, which was made and used by their ancestors 
to carr}- goods into the interior for trading purposes, was claimed b}' 
the Canadians, and the Canadian officers demanding duty on all the 
goods carried by the natives. The Canadians did not commence to 
arrest these Indians until after gold was discovered in the Porcupine 
District. They had not molested them Ijefore that. 

George Kostrometinoff. 

Subscribed and sworn to before me this March 27, 1903. 

[seal.] Edward de Groft, 

United States Com7iussione^\ 



444 PAPEES RELATING TO 

Deposttion of George Shortrldge. 

United States of America, 
IJi strict of Alasl-a., ss: 

George Shortridge, being first duly sworn, on oath deposes and says: 

That 1 am a native Alaska Indian of the Chilkat tribe, and that my 
father was the head chief and ruler of the Chilkat tribe. 

At the time of the transfer of the country' known as Alaska from 
the Russians to the United States I was a boy, and I remember that a 
vessel of the United States came into Pyramid Harbor on Chilkat 
Inlet in the district of Alaska; and that my father, then chief, was 
sent for l)y the officers of said vessels, and that my father and I were 
then living at Klukwan on the Chilkat River in the disti'ict of Alaska, 
some miles above the mouth of that river on Chilkat Inlet; and that I 
accompanied my father from Klukwan to Pyramid Harbor and visited 
the vessel. 

That I did not know what transpired between the parties, being too 
young to take such an interest as would keep the matter in my mind, 
but that a flag was given to my father ))y the officer on said vessel, 
being a flag of the United States: and also a uniform which he pre- 
sented to me. That the flag is still in my possession, and is at Kluk- 
wan in the district of Alaska. 

That at all times from said time until the present day the authorit}^ 
and jurisdiction of the United States over all of the country upon the 
shores of and tributary to Chilkat Inlet and Lynn Canal and Chilkoot 
Inlet, has been recognized by the natives inhabiting the country around 
said shore and far inland therefrom to a point beyond Klukwan and 
as far at least as the summits of the mountains inland from said bodies 
of water: and that no other government has ever been recognized by 
the natives inhabiting the country above described at an}^ time. 

That although not then present 1 remember the occurrence which 
was commonly known throughout our tribe in which one Klanot was 
arrested and taken to Sitka for slapping Bishop Sagers at or near 
Dyea. 

That I also remember the occasion shortly subsequent, although not 
present, upon which the said Klanot was killed ))}• a Sitka Indian — 
Sitka Jim. I remember the occasion, although at Klukwan at the 
time, when a ship of the United States came into the cove off Lynn 
Canal in front of the place now known a>; Haines and called some of 
the Indians aboard and showed them how the cannon worked on said 
vessel and fired several shots. 

I was at Chilkat at the time of the occurrence in which Jack Wade 
killed an Indian, and remember the occurrence. I remember also that 
some of the parties apprehended in connection with said case were 
arrested near Oolachan Patch or Industuckki. 

I rememl)er that at one time long prior to the rush of white people 
to the Klondike that one F. H. Poindexter was a justice of the peace 
at Chilkat. on Chilkat Inlet, in the district of Alaska. 

I remember also the incident in which Skundoo was arrested and 
taken to Juneau. I was present at Klukwan at the time Stephen York 
and others came up to arrest one Kodowat, an Indian, and I rememl^er 
that there was a potlatch at that time, and that Kodowat would not 
come with the mai-shal, but subsequently come after the potlatch was 
over and surrendered himself to the marshal. 



AMERICAN OCCUPATION. 445 

Although not then present, I remeniher the occasion upon which an 
Indian wojuan, .souietinies caUed '•'BUxnket Susie," Avas arrested for 
taking- blankets from Hugh iNIurray's cannery on Chilkat Inlet. 

I remember that shortly after the transfer of Alaska from the Rus- 
sian Government to the United States that a vessel of the United States 
came into Chilkat Inlet with one Kincaid, of Sitka, aV)oard. That among 
the party was one John Davis, as I recollect, who had brought the 
troops of the United States to Sitka; and there was also a very old 
man with a scar on his face; and all of said party went as far as Kluk- 
wan, where my father and I were then living, and the party stayed in 
m}" fathers house. And the party had with them surveying instru- 
ments, and that they stayed there about a month and a half, and con- 
siderable surveying was done at that time not a great distance from 
Klukwan. I remember also that the eclipse of the sun occurred at 
that time and that it was totalh' dark in the daytime. 

his 

Geoege X Shortkidge. 

mark. 

In presence of — 
J. J. Clarke. 

Subscribed and sworn to l)efore me this 27th day of March, A. D. 
1903. 
[seal.] J. J. Clarke, 

Deputy Clerk United States District Court 

for Divisio7i No. i, Alaska. 



Deposition of Klanot. 

United States of America, 
District of Alaska., ss. 

Klanot, an Indian, being first dul}' sworn, on oath deposes and sa3^s: 

I am one of the Indians who was arrested at or near Davidson's 
Glacier b}^ Ed. Armstrong and other officials of the United States in 
connection with the On-tee-Ateley affair, in which I with three other 
Indians were pursuing On-tee-Ateley after he had killed a relative of 
mine, and w^as brought to Juneau and tried before the commissioner's 
court there, but after trial was discharged on the condition that I keep 
the peace thereafter. 

That I remember the incident and the arrests of all the other parties 
at that time. 

I also testified in the murder case in which On-tee-Ateley was tried 
and convicted and that On-tee-Ateley was sent for ten years to jail or 
penitentiar}'. 

his 

Klanot x 

mark. 

In presence of — 
J. J. Clarke. 

Subscribed and sworn to before me this 27th daj' of IVIarch. A. D. 
1903. 

[seal.] J. J. Clarke, 

Deputy Clerk United States District Court 

for Division No. i, Alaskiij. 



44:6 PAPERS RELATING TO 



Deposition of Stephen E. Yorl'. 



United States of America, 
District of Alaska, ss. 
I, Stephen E. York, being- tirst duly sworn, depose and say: 
That 1 am a citizen of tlie United States and a resident of the Dis- 
trict of Alaska and have been a resident of said district at all times 
since 1886; that 1 am familiar with the Porcupine mining- district in 
the District of Alaska, the Chilkoot River, and Chilkoot Inlet, and 
Chilkoot and White passes, and have been over dilferent portions of 
said regions frequently since my arrival in Alaska; that in the fall 
of 1888 1 was commissioned by the United States marshal for the Dis- 
trict of Alaska to lead a posse of 9 men to Klukwan, then an Indian 
village on the Kleheni River, in the Porcupine mining- district, in the 
District of Alaska; that the reason said United States marshal com- 
missioned me to lead said posse to said Klukwan was for the purpose 
of capturing one Koo-to-wat, an Indian who was charged with having- 
killed another Indian in the vicinity of Khikwan; that in accordance 
with the instruction of said United States marshal as aforesaid I, in 
compan}' with 9 other men who were under my control and connnand, 
went from Juneau by way of Lynn Canal and sailed up the Chilkat 
Inlet and the Chilkat River to Klukwan; that at that time the United 
States Government, through its officers, exercised jurisdiction over all 
of the region of territory bordering on the Chilkat River and its tribu- 
taries to a point at least 10 miles north of said Klukwan, and that 
neither the Canadian nor the British Government pretended to exercise 
any control whatever over that region of territory or over the inhabit- 
ants who lived there at that time. 

That the inhabitants of said portion of the District of Alaska were 
nearly all Indians, and the}^ acknowledged at all times that they were 
under the jurisdiction of the United States. That subsequent to 18S8, 
and between that date and 1895, many citizens of the United States 
sailed up the Chilkat River for the purpose of prospecting the region 
drained by said Chilkat River and its tributaries, and that said pros- 
pectors at all times conceived themselves to be under the jurisdiction 
of the United States, and believed that thej^ were prospecting in the 
territory suliject to the United States; that since the discovery of 
gold in the Porcupine mining district, in the 3'ear 1898, all of the 
miners who made any locations in that district were citizens of the 
United States at the time of such location, and located their claims in 
accordance with the laws of the United States. 

, Stephen E. York. 

Subscribed and sworn to before me this 27th day of March, 1903. 
[seal.] T. R. Lyons, 

Notary Public in and for the District of Alaska. 



AMERICAN OCCUPATION. 447 

ENFORCEMENT OF REVENUE LAWS AND EXERCISE OF AUTHOR- 
ITY BY TREASURY OFFICIALS. 

The Acting Secretary of the Treasury to tin- Secretary of State. 

Treasury Department, 

Office of the Secretary, 

Washington, April 10., 1903. 
The Secretary of State, 

Washington ., D. C. 
Sir: I have the honor to transmit herewith copies of the records of 
this Department showing- the action of its officials in the enforcement 
of the laws of the United States and in preserving order among* the 
inhabitants on the shores and interior waters of the mainland territory 
of southeastern Alaska. 

Respectfully, M. E. Ailes, 

Acting Secretary, 



The Secretary of the Treasury to the Secretary of State. 

Treasury Department, 

Office of the Secretary, 
Washington, I). t\, Septeniher 15, 1898. 
Sir: Replying to your inquiries respecting the southeast coast of 
Alaska, I have the honor to inform 3-011 that an examination of the 
records of this Department shows that a customs office was established 
at Tongass, southeast Alaska, March 15, 1869, and Avas maintained 
until 1888; at Mary Island, in August, 1892, and still continued; at 
Wrangel, in February, 1870, a customs station, now being maintained 
at the international boundary line on the Stickine River, about 10 
leagues from its mouth; at Juneau, March, 1883; at Chilcot, August, 
1890; one at Dyea, with a customs station at the international boundary. 
In addition 1 have to report that the steamers of the revenue service 
have made annual visits to the coast in question since 1867, under the 
instructions of this Department, entering all the inlets and arms of 
the sea to the head of navigation, for the purposes of protecting the 
revenue, enforcing United States laws, and preserving peace and order 
among the natives. 

Respectfully, yours, L. J. Gage, 

Secretary. 
The Secretary of State. 



Memorandum relating to the estahlishment and maintenance of the 
United States customs service in southeastern Alasha, as shown hy the 
records of the Treasury Department. 

The Secretary of the Treasury, under date of August 15, 1867, 
directed Special Agent W. S. Dodge to proceed to Sitka, Alaska, and 
act as collector of customs for that Territory. 



448 PAPERS RELATING TO 

The following- is a list of the subordinate customs officers first 
appointed for duty at the several subports and customs stations named 
in Alaska, with tlie dates of their respective appointments, on or adja- 
ceut to the mainland south of 60^ north latitude. 



Grade. 



Office. 



George Forsaith l Inspector Tongass 

Alex. H. Merritt Deputy collectox and inspector. Wrangell 

A. C. Barrv Inspector Juneau 

John D. Smith Deputy collector Mary Island. 

Joseph L. Millsaps Inspector Douglas City 

J. J. Healv do ' Chilcat 

George A. Waggoner Deputy collector and inspector.) White Pass . . 

Alfred E. Maltby do j Skagway 

John R. Becgle ; do Dyea 



Mar. 15,1869 
Feb. 3, 1870 
Mar. 21,1883 
Sept. 29, 1891 
Feb. 24,1892 
Aug. 19,1890 
Jan. 5, 1900 
Aug. 3, 1899 
June 8, 1898 



The following report, dated Sitka, April 8, 1868, from Acting Collector 
Dodge, and its accompaniments relate to the operations of customs 
oficers on the Stickine River. 

CusTOM-HousE, Sitka, Alaska, Ajjril <§, 1868. 
Hon. Hugh McCulloch, 

Secretary of the Treasury. 

Sir: Inclosed please find copj^ of a letter addressed me by William 
r. Tolmie, chief factor of the Hudson Bay Company, in relation to 
the tran.sportation of their trading goods in transit up the Stickine 
River through our new possessions to their trading posts in British 
North America; also please find a copy of a letter which I addressed 
to Mr, Tolmie in reply. 

While this country was under the control of the Russian Govern- 
ment the Hudson Bay Company were accorded the privilege of ship- 
ping their merchandise in transit up this river. Thev have one post 
w ithin a few miles of the supposed line of our territory. The river is 
navigable for light-draft steamers, and the company desire to exercise 
this right, suV)ject to such rules and regulations as our Government may 
adopt to protect its revenue. 

On the 8th of February one of this company's steamers came to this 
port with a cargo of merchandise destined for their posts up the 
Stickine River. The vessel came bere for permission to land these 
g'oods at the mouth of the Stickine, in charge of the inspector of cus- 
toms at that point, Mr. Forsaith, an appointee of Captain Howard of 
the U. S. revenue cutter Lincoln to await transit in Mav when the ice 
shall be broken up and navigation secured. 

I refiected upon this matter for two or three days and hesitated 
granting the request without instructions from the Department. But 
the ves^^el was here to await instructions, wdiich would involve a period 
of at least three months, so I at last gave the vessel a permit to land 
these g-oods at the mouth of the Stickine, to be stored in a Ijuildiug 
formerly the property of the Western Union Telegraph Company, 
and placed in the charge of Mr. Forsaith, a sworn officer of the Gov- 
ernment, and whose oath I have already forwarded to Washington. 

So far as practicable I enforced the regulations required by law in 
the transit trade with the Canadas. 

I also directed Lieut. George W. Moore, of the Revenue Service (a 



AMERICAN OCCUPATION. 449 

g'entlemun whose services can not be too highly appreciated by the 
Goveninieiit), to proceed on this company's steamer and to superin- 
tend the unlading and delivery of the goods. With this hotter please 
also tind a copy of the instructions issued him. 

I also desired to secure information concerning the coast in this direc- 
tion, and especially in regard to Portland Canal, and this afforded me 
excellent opportunitv. the only expense being that of returning from 
Victoria and of board while awaiting means of conveyance to return. 

His written report on tile in this office affords much valuable infor- 
mation, and will be of great benefit to the service of a revenue cutter 
when one shall come, and in my opinion will vastly repay the (rov- 
ernment the expense of §82.28. the sum incurred. 

Whether the Department has approved the appointment of Mr. 
Forsaith, I do not know. He was appointed l)y Captain Howard on 
the 12th of August, 1867. and taken to the Stikine on the Hudson 
Bay Company's steamer Otftr. He has been there since that date. 
Captain Howard did not inform me what compensation he had agreed 
to allow. On his arrival at Washington it is possible he may have 
arranged it. 

From what I can learn he is an honest, faithful man. although some- 
what illiterate. It is but justice that he should ])e informed whether 
the appointment )>e valid, and if so, what his compensation shall be. 
I also need his services here. 

And 1 hereby inform the Department that on the 3d of April I 
revoked the appointment of Mr. Forsaith and appointed a Mr. Charles 
C. Walden, a man of good character, high standing, and large execu- 
tive capacity, in his stead, directing Mr. Forsaith to return here at 
the earliest opportunity. The reason for this is that I consider Mr. 
Walden a litter man for the place, especially if the right of transit be 
accorded to the Hudson Bay Company. Another reason for 1113' 
action is that on the 31st of March, 1868. another steamer of the 
Hudson Bay Company arrived here with the ])alanee of the goods 
intended for the trading posts during the ensuing summer. I per- 
mitted the landing of these goods at the Stikine under the same 
regulations I had previously imposed and sent Mr. Walden in charge 
of the goods and vessel. I herewith also transmit a copy of the 
instructions given him. 

It will be seen that I have given no authority for the transit of the 
Hudson Bay Company's goods, nor do I intend to do so until author- 
ized by the Department. But as I understand the law of nations in 
this regard, and the rights claimed under it by our Government, and 
as I suppose our Covernment is willing to accord to others what it 
claims from them, I have taken the responsibility of acting to this 
extent, and now inform the Department of the facts, and ask for such 
instructions concerning this in transitu trade as shall enable me to act 
properly and right and secure the true interests of the Government. 

Mr. Roderick Finlayson, another of the chief factors of this com- 
pany, came with the last steamer to consult with me regarding this 
matter, and to ascertain if it can not be arranged so that they can 
(provided the transit is permitted) go direct to the Stickine, instead 
of ffrst coming here. By this arrangement a detour of some 500 
miles would be saved to them. 

Probably by the conffrmation of Mr. Walden's appointment this 
can be arranged, although I suggest that inasmuch as the country 

21528—03 36 



450 PAPERS RELATING TO 

or coasit is so likely to harbor a contraband trade it would be better, 
for the present at least, to compel a clearance here. 

I feel it my dut}' to recommend the appointment of Mr. Walden at 
the Stickine. The one made is temporary, the compensation to be 
lixed by the Department. He is wealthy and has gone down with a 
working party of 10 men to prospect that section for gold and other 
minerals. He is a live man and will do much toward the development 
of our new acquisitions. 

Trusting that what 1 have done may meet with the approval of the 
Department, and that I shall soon receive instructions regarding this 
whole matter, I have the honor to be, 

Very respectfully, Wm. Sumner Dodge, 

Special Agent and Collector. 



Hudson Bay House, 
Victoria, V. I., .Tannarij 29, 1868. 
W. S. Dodge, Esq., 

United State-t Collector of Ctistoms, Sitka. 
Sir: As it will be necessary for us soon to send supplies to our station on the Stikine 
Eiver, within the British line, we have to ask the favor of your informing us by 
return of the steamer Otter of all the formalities required by you for our landing goods 
at Stikine Mouth, where you have a customs officer stationed, in transit for that post. 
Captain Lewis, of our steamer Otter, the bearer of this, will furnish you with any 
explanations in this regard which you may require, and with best wishes I have the 
honor to be, sir. 

Very respectfullv, your obedient servant, 

W. F. TOLMIE, 

CJiief Factor, Hudson Bay Company. 



Collector's OFficE, District and Port of Sitka, Alaska, 

February IS, 1868. 
Lieut. George W. Moore, Revenue Service. 

Sir: As the English steamer Oi^^'r is about to leave this port for trading parts in 
British possessions, and also desires to unlade passengers and a portion of the cargo at 
different points within American territory, and being desirous of extending every 
facility to the Hudson Bay Company in the matter of commercial relations consistent 
with the strict laws of the customs, and it being impracticable to comply at this point 
with some of the regulations incident to the carrying and transit trade along our 
coast and within our borders, you are hereby appointed as a temporary inspector and 
directed to accompany the said Otter on her trip through our possessions, affording 
every facility for the execution of legitimate rights, but taking every precaution to 
guard against a violation of the revenue laws, and to this end you will use you dis- 
cretion in sealing hatches at night and enforcing other remedies the exigencies of the 
case may demand. 

You will take and return to this office a correct list of the stores which the Hudson 
Bay Company have received permission to land at the mouth of the Stikine River 
for the use of their posts in their own possessions and to be taken up the said river 
the coming spring in transit to their posts; you will carefully com]>are the said mer- 
chandise with the entries made on the ship's manifest and note the fact. 

These goods so landed will he stored in charge of Mr. Forsaith, the inspector of cus- 
toms stationed at that point, l)y Captain Howard of the revenue cutter Lincoln, and 
he will be held responsible for their safe custody until spring, when the Otter or some 
other vessel of the Hudson Bay Company shall return to the Stikine, by a permit 
from this office, or other j)roper authority, to land the same in transit to the posts in 
their said possessions bordering the Stikine River. You will have written directions 
to ^Fr. Forsaith to accompany these goods through our territory to their destination, 
and see that they are only landed on British soil, and that upon his return to this 
post he shall make a full report of his action to this office by the earliest opportunity. 

You will })ermit Captain Lewis to land his Indian passengers at Chatchenah, 



AMERICAN OCCUPATION. 451 

together with their baggage and stores, under such restrictions as you deem i)roper to 
impose. You will also give permission to the ship to land at Misquiro Harbor and 
unlade the goods mentioned in their permit to Captain Lewis, the duties on said 
goods having l)een paid at this office. 

You will also permit the vessel to lade the salmon belonging to one Baromvich at 
his post and take it away, tirst seeing that it is duly entered upon the manifest, pro- 
vided, however, that you first make a careful examination of tlie said premises and 
vicinity, and if you disi-ern liquors there in any (piantities more than is reasonably 
allowable for the luimber of workmen employed, and ascertain that the same is sold 
or traded to the Indians in violation of United States laws, you will then seize all 
the effects, stores, etc., of the said Baromvich in the name of the United States and 
not permit the same to be taken away under any circumstances. In such a case you 
will take a complete inventory of the said stock in duplicate, keeping one and giving 
one to whoever may be in charge of the same, with a written notice of the seizure 
and a warning'to all who may attempt to disregard it. Upon your return further 
action will be taken in the matter, as in such cases made and provided. 

Captain Lewis will provide you at his own expense with suitable quarters, as 
becomes your i)osition, and board, and will keep you until you have an opportunity 
to return on some upward-bound vessel or you shall arrive at Victoria, British 
Columbia. You will then return by the earliest means of conveyance to this port. 
You will be allowed all necessary and just expenses for the trip, vouchers for which, 
when practicable, shall l)e taken. 

Wishing you a prosperous passage and trusting that you may learn many things of 
value to the customs and revenue service, 

I am, sir, very respectfully, Wm. Sumner Dodge, 

Special Agent and Collector. 



Collector's Office, fSitka, April 3, 1868. 
Ck.\s. a. Walden, Esq. 

Sir: You having been appointed inspector of customs at the mouth of theStickine, 
in our new possessions, it becomes my duty to give you such instructions as shall 
enable you to faithfully discharge the trust imposed in you and protect the revenue 
of the country. 

First. Tlie principal object of your appointment is to superintend the shipment of 
merchandise belonging to the Hudson Bay Company from the mouth of the Stickine 
to their trading posts in British Columbia contiguous to American territory. To that 
end you will, when any of the vessels of this company come to the Stickine with a 
proper clearance and permit from this othce, stating that such goods are destined to 
their posts in transit, allow such goods to be landed if necessary and reship in smaller 
boats to their destinations. 

A manifest of sui'h goods will always be forwarded you, and it will be your duty 
to see that these goods correspond in every particular with the manifest. You will 
take full charge and control of them and keep such possession of them until they 
shall have been landed at one of their posts on British soil, at which time you will 
release them and make your return upon the said manifest, stating the full particu- 
lars of their landing, transit, and delivery. You can not be too deeply impressed with 
the rigid exercise of your power in this particular. Prompt attention and careful 
watchfulness are necessary to protect the rights of our Government, as well as to secure 
the Hudson Bay Company from trouble and vexatious delays. At the same time 
you will exercise all the courtesy possible incident to the faithful performance of 
your duty. 

Second. You will not permit any vessel to land any supplies at this point or any 
other point within your vicinity unless the master of said vessel shall have authority 
from this office or the Secretary of the Treasury to do so. 

Third. You will keep as careful watch as possible over all vessels that may be 
cruising along our territory or trading with Indians on our coast, and whenever prac- 
ticable you will board such vessels, examine their papers, and see if they have the 
proper authority from this office. If not, you will carefully note their names, where 
from, and character of their cargo, and report the same at the earliest opportunity to 
this office or to the commander of the revenue cutter which will frequently cruise in 
these waters, that they may, if possible, be overhauled and seized. 

You will be furnished with a copy of the Regulations, a careful study of which 
will render you familiar with your duty. 

Your headc[uarters will be in what is known as the Telegraph Building, and if 



452 PAPERS RELATlISrG TO 

at any time goods are landed to await shipment in transit you will have them stored 
in this buildins^ with the lal)or and at the expense of the owner and master. 

You will proceed to the Stikine at once on the steamer Otter ami the captain will 
furnish you witli cahin fare and suital)le accommodations, free of charge. During 
the i>assage you will exercise full ccjntrol over the cargo of the vessel and permit no 
trading with the Indians along the shore. 

You will ))e furnished from time to time \vith such instructions as your post may 
recjuire and it is desiraljle that you should communicate with this office at every 
opportunity all the facts or suggestions necessary or conducive to the interest of the 
Government. 

Trusting that with the careful study of the Regulations and the exercise of good 
sense all may work smoothly and well, I am, 

Very respectfully, Wm. Simxer Dodue, 

Si>i'ci<il A (lent n)id CoUertor. 



Exti'dct frorn letter of ColJ ector Kttchtrm to tlw Seci'itanj of the Treasury. 

CusTOM-HousE, Fort of Sitka, District of Alaska, 

CoU ector'' s Office, Becemher 15. 1868. 
Hon. Hugh McCulloch, 

Secretary of the Trecmiry. 
Sir: I have this day received from the general commanding the 
Department of Alaska a communication, of which the following is a 

copy : 

Hudson's B.\y House, 
]'ictorin, T". L, BritisJt Colinnliia, Noremher ^0, 1S68. 
Maj. Gen. J. C. Davis, U. S. Army, 

Commanding Deparl)neid of Alaska. 
Sir: It Ijeing of importance to the Hudson Bay Company for the transaction of 
their business in British Territory on the Cjiper Stikine that they should have an 
agent at their house on Point Hiorhtield, Wrangell Island, Alaska, I have respectfully 
to inciuire whether such a proceeding would be in accordance with the laws of the 
United States in force in that territory, and whether, as the officer in command of 
the Dejiartment of Alaska, you would jjermit our placing an agent at the point 
named, to attend to the duty of forwarding goods to the British territory, inland, 
and also, on behalf of our companj^ to trade with the Indians of the coast. 

Have the goodness to communicate your reply to the bearer, Capt. Herbert Lewis, 
who has on board the company's steamer Otter goods to be cleared at Sitka for trade 
at Point Highfield, should he be permitted to estal)lish a post there. Of course 
should such permission not be granted, the goods in question will not he landed in 
the territory. 

I have the honor to be, sir, vour most obedient servant. 

W. F. Tolmie. 

This communication was indorsed: 

He.\dquarters Department of Alaska, 

Sdka, Alaska, Decendjer U, 186S. 
This communication is respectfully referred to the collector of customs for the dis- 
trict of Alaska for his opinion on the subject. An earlj' repl}' is requested. 

Jeff. C. Davis, 
Breret Major-GeneraJ, Commanding. 

To this comumnication 1 replied as follows: 

Custom-House, Port of Sitka and District of Alaska, 

Collector's Office, December 15, 1868. 
Bvt. Maj. Gen. J. C. Davis, U. S. Army., 

Cotnmanding Department of Alaska. 
Sir: I have this day received a communication addressed to you l)y ]Mr. W. F. 
Tolmie on behalf of the Hudson Bay Company inquiring whether it would be in 
accordance with the laws of the United States in force in the Territory of Alaska 



AMERICAN OCCUPATION. 453 

and whether yon would permit an agent of that company to be placed at Point 
Highland, Wrangell Island, Alaska, to attend to the duty of forwarding goods to the 
British territory inland, and also on behalf of the company to trade with the Indians 
of the coast, which communication is indorsed by you as referred to me for my 
opinion on the sul)ject. 

Without entering into the more extensive question as to how far the former laws 
of the United States in relation to Indian countries are al)solutely binding upon the 
recently acquired territory of Alaska without further enactments upon the subject, 
in my opinion your rule of action is clearly laid down, in the absence of specific 
instructions, l)y the obvious ideas and intentions of Congress in passing those laws. 
It will be seen that they have pursueil a uniform line of policy upon the subject of 
Indian trade for a long series of years, and until they make a specific declaration to 
the contrary it must be presumed that such is still the rule by which they will be 
guided. 

Section 1 of the act of Congress approved April 29, 1816 (since repealed) pro- 
vides: "That licenses to trade with the Indians within the territorial limits of the 
United States shall not be granted to any but citizens of the United States, unless by 
the express direction of the President of the United States, and upon such terms an(i 
conditions as the public interest may, in his opinion, require." 

Section 5 of the act of Congress approved June 30, 1834 (still in force) provides: 
"That no license to trade with the Indians shall be granted to any persons except 
citizens of the United States: Frorided, That the President shall be authorized to 
allow the employment of foreign boatmen and interpreters, under such regulations 
as he may prescribe." 

This has not only been the uniform practice of the United States in relation to 
commerce with Indians within its territories, but in the case of our Alaskan territory 
it commends itself to the dictates of common reason. To allow a rich foreign cor- 
poration to ol)tain a foothold on our soil and enter into competition with our native 
traders would be virtually to surrender the territory to them. Their extensive 
resources and superior facilities would soon drive smaller capitalists from the field — 
their wealth and power would give them a practical monopoly of the trade, and 
where we are now establishing the nuclea of expanding American colonies there 
would soon exist but a series of British trading posts. 

\Vith great respect, I am, (Tcneral, your obedient servant, 

Hiram Ketchum, Jr. 
******* 



T/ie folhmnncj reports of Special Agent W. G. Morris of March 12, 
1880, a^id of the collector at Sitka of March 27, 1880, and the Bepart- 
menfs letter of April 2, 1880, to the latter, relate to the apypointrnent of 
an inspector of customs for temporary duty, to prevent smuggling in 
the Chilcat country. 

Office Special Agent of the Treasury, 

Portland, Oreg., March 12. 1880. 

Sir: Information has reached me, which is deemed reliable, that a 
large fleet of canoes manned by Indians from Vancouver Island con- 
template visiting- the Chilcat country, during the months of April and 
May next, laden with contraband goods, such as blankets, muskets, 
ammunition, brandy, rum, etc., for the purpose of barter for the 
spring trade of furs trapped by the natives of the Chilcat tribe and 
s u r r o u n d i n g c o u n t ry . 

The collector at Sitka has, no vessel at his disposition for breaking 
up this illegal traffic, which has ])een in vogue for many 3"ears, so that 
at present it has l)een reduced to an organized and successful .system. 

The Northwest Trading Company, a corporation formed luider the 
laws of this State, has recently purchased a steanier and will load her 
with domestic supplies from this port, for the purpose of engaging in 
this trade and securing the valuable results thereof to a home company, 
thus making a market for goods of American manufacture. 



454 PAPERS RELATING TO 

It occurs to me the opportunity is now presented for the United 
States to exercise her sovereignty in those waters, which to the present 
time have been left neglected and open to wholesale snmggling, by 
dispatching there a customs officer whose duty shall be to enforce the 
revenue laws. 

This can be done by having an inspector afloat during the trading- 
season, who shall ])e stationed on the steamer belonging to the com- 
pany. He will then be in a position to ascertain the condition of the 
trade in the quarter spoken of and what steps are necessary to be taken 
to suppress smuggling. 

I would therefore recommend that the collector of Alaska be author- 
ized to appoint an additional deputy collector and inspector, whose 
duty shall be to repress the alleged traffic under such instructions as 
the Department mav see tit to give. 

The propriety of admitting to entry upon the s])ot such dutialile 
merchandise is also presented for the consideration of the Department. 

The compensation of such officer is reasonably worth the sum of $4 
per diem. The service will be attended with a certain amount of risk 
and hardship, 

I am authorized by the directors of the company alluded to to state 
that the presence of the inspector on V)oard their ship will be agreeable 
to them and that no cost therefor will be charged to the United States. 

As the collector of the district of Alaska is uo\v in Washington, I 
respectfully suggest this comnuuiication be referred to him for his 
opinion. 

I am, respectfully, your obedient servant, 

Wm. Gouverneur Morris, 

Special Agent. 

Hon. John Sherman. 

Secretary of the Jreasttri/, Wa.^-/u'nf/ton., I). C. 



Custom-House. Sitka, Alaska, 
C(>Uector>< Ojfice. March '27, 1880. 
Hon. John Sherman, 

Secretary of the Treaswry. 
Sir: In reference to the communication of Special Agent William 
G. Morris, of date March 12, 188(», relative to certain apprehended 
efforts of snuigglers from British Columbia, and suggesting authoi'ity 
for the employment of an additional deputy collector and inspector for 
this district, 1 have respectfully to say: 

1. That I have very little doubt, from information 1 also have re- 
ceived, that the smuggling operations refei'red to have been going on 
for some tin)e and will continue to be prosecuted unless some steps 
are taken to stop thenu 

2. That, as the opportunity seems to be now presented, by the plac- 
ing of a steamer upon the waters to intercept the trade which has sup- 
ported these operations, at the cost only of the employment of the 
additional officer suggested, during the trading season, I regard the 
l)roposed arrangement as an advisable one. But, if I understand Mr. 
Morris, in iiis suggestion at the close of page 8 of his letter, I desire 
it to bo understood that 1 do not advise that any British or other for- 
eign goods found in the Alaskan waters, in canoes, being transported 



AMERICAN OCCUPATION. 455 

to meet the trade .spoken of, or not properly cleared upon manifests, 
be allowed to l)e landed and held upon payment of duties. All sueh 
goods so found will l)e intended for an entirely contral)and trade and 
entitled to no redemption from absolute forfeiture. 
Respectful Iv, 

M. D. Ball, CoUecior. 



Treasury Department, 

Office of the Secretary, 

Waxh!ngto)i, Ajv-il 2, 1880. 
Collector of Customs, 

Slthi., AIa)<l'a. 
Sir: In view of the recommendations contained in your letter of the 
2Tth ultimo, and that of Special Treasury Agent William G. Morris 
of the 12th ultimo, you are hereby authorized to submit the nomina- 
tion of a suitable person for appointment as inspector of customs for 
temporary duty in your district for a period not to exceed six months, 
with compensation at the rate of $3 per diem. 
I am, respectfully, 

H. F. French, Acting Secretary. 



The following copy of Department letter of Ajwil 7 ., 1880, to the col- 
lector at SiAha., j)aMii^hed in the Synopsis of Decisions of the Depart- 
ment., relates to and authorizes the entry of foreign vessels and the 
collection of duties at Wrangel, on Wrangel Island, and Tongass, 
formerly Fort Tongass, on Tongass Island, Alaska., hut prolnhited 
unlading in Chilcat country. 

ALASKA — PORTS OF ENTRY AND DELIVERY. 

Treasury Department, April 7, 1880. 

Sir: The Department is in receipt of a letter of the 10th idtimo from 
Special Agent W. G. Morris, in which he refers to an anticipated 
mining excitement and movement to the Chilcat country in Alaska, 
and asks, in the event of such movement, whether British vessels will 
be allowed to enter at Wrangel Island and then proceed to the Chilcat 
country and unlade and, returning with passengers and treasure, to 
clear from Wrangel Island. 

Section 2770. Revised Statutes, provides that all vessels from for- 
eign ports must enter at a port of entry, and section 2771, Revised 
Statutes, provides that foreign vessels can unlade only at ports of 
entry. 

Sitka is the only port of entry in your district, but the Department, 
by virtue of the act of July 27, 1868. empowered the deputy collector 
stationed at Tongass, under date of February D, 1861^, and the deputy 
collector stationed at Wrangel Island, under date of February 10, 
1869, to enter and clear vessels from foreign ports and to receive duties. 

Under these circumstances it is evident that while vessels from a for- 
eign port may enter and clear at Wrangel Island, they can not proceed 
to the Chilcat country to unlade. 

Very respectfully, H. F. French. 

Assistant Sec7'etary. 

Collector of Customs, Sitka, Alaska. 



456 PAPERS RELATINa TO 

The folloiclug Depart/ Dent Jettti-s of January 1 and Fehruary 19^ 1881^ 
to the collector at Sitka, and the hitters reports of Novemher 5, 1881, 
and August 9, 1882^ relate to the employment of an inspector of 
customs for duty at Harrlshurg, now Juneau. 

CusTOM-HousE, Sitka, Alaska, 
Collector''s Office, January i, 1881. 
Hon. John Shermax, 

Secretary of the Treasury. 

Sir: In view of the fact that remarkably rich discoveries have 
recently been made in gold-bearing- quartz in the Takoo country north 
of this place, and the certainty that there will be a large trade with 
the settlement of •'Harrisburg/' now rapidly growing up in that 
region, I strongly recommend that authority be given me to send a 
special inspector to that place when business opens there, and that the 
appointment of Thomas A. Willson, who is a most competent and 
trustworthy official, may be continued till such time as I may see that 
his services are no longer required. 

The steamer Calfomia has large orders for goods for the settlement 
mentioned, to be tilled on her ^larch trip hither, and she will then 
start regidar trips to Harrisburg. We hear also of schooners titting 
out at San Francisco, and of other vessels preparing for that trade. 
The place is also near the seal and other fishing grounds which have 
been hal)itually depredated on b}^ the British Columbia traders and 
Indians. 

I believe that an inspector will be needed at the location mentioned, 
and if it shall be determined to abolish one of the deputy collectorships 
at Wrangel and gi\'e me authority to appoint or recommend a special 
inspector for the busy season there the matter could be so arranged 
as that both these places could be attended to b}^ the same individual. 
Very respectfully, 

M. D. Ball, ColUctor. 



Washington, Fehruary 19, 1881. 
Collector of Customs, 

Sitka, Alaska. 
Sir: The nomination of Thomas A. Wilson to be inspector of cus- 
toms for temporary duty in the mining regions of your district, with 
compensation at the rate of $3 per diem, sul)mitted in your letter of 
the 12th ultimo, is hereb}' approved, the appointment to take effect 
from date of oath. 

As reconnnended by you, Mr. Wilson will also perform the duties 
of inspector at Wrangel during the busv season, not to exceed four 
months, as authorized by Department letter of January 2, 1881, and 
the authority to nominate an inspector for that purpose is hereby 
revoked. 

Very respectfully, John Sherman, 

Secretary. 



amp:rican occupation. 457 

The following two rejyorts of J'lhj W^ 1890, from the collector at Sitka, 
a?id Departr/ienfs letter of August P2, 1890, to that o-jjictr, relate to 
the employment of an inspector of customs, loithout couipensation, 
for (lutf/ at Chilcat, to present smaggling. 

CusTOM-HousE, Sitka. Alaska. 

Collectoi^s Offic, Juhj 12, 1890. 
Hon. William Windom, 

Secretary (f the Treasury, Washington, D. C. 

Sir: Continued complaints are being made concernino- the importa- 
tion and distribution by Indians from Port Simpson of British goods 
at Chilcat and Chilcoot. On my recent ofiicial tour of inspection I 
arriyed at Chilcat just after a party of Tseinpsean (British Columbia) 
Indians had closed out their stock of blankets, woolen goods, gun- 
powder, etc., sold their canoe, and departed home to Victoria yia the 
reg'ular mail steamers. 

At Victoria, with the furs and funds ol)tained. they will la}' in a stock 
of Hudson Bay Company's goods, shipping some per .steamers of that 
company to Port Simpson, when wqw canoes are loaded and presuma- 
))ly another incursion will be made to Alaskan points. 

The entire archipelago of southeast Alaska is yisited by them and 
their presence, owing to the cheapness of their goods, is concealed by 
the natiyes among whom they traffic. 

It is therefore quite difficult to intercept or capture them. In fact, 
they haye been known to come openly into the larger settlements, 
mingle and lose their identity among the local natiyes, distribute their 
goods from places of concealment neai by. and not make their pres- 
ence known until the same was indicated by the drunken debauch 
which usually follows their departure, for not until the last moment 
do they barter the stock of whisky, for which the Alaskan natiye 
reseryes his besti f urs. 

The best directed and intentioned efforts on the part of my deputy 
at Juneau, 80 miles distant [see map herewith], has not resulted in the 
capture of any of these slippery rascals (they are commonly known 
as ''"educated Simaches,'' the more dangerous because of their superior 
knowledge); hence I haye deemed it adyisable to nominate a suitable 
person, as per letter of nomination herewith, to serye as inspector of 
customs, without \)^}\ until further adyices may ])e had from the 
Department, it being understood that the shares of informer and 
seizing officer accruing from the proceeds of sale of any goods cap- 
tured and forfeited should go to him in lieu of other compensation. 

An examination of the map herewith will no doubt conyince the 
Department that the difficulties surrounding the force of customs 
officials in guarding the immense ramifications and intricacies of the 
interior channels of southeast Alaska are almost insurmountable, and 
1 once more call the attention of the Department to the urgent neces- 
sity which exists for the establishment of the customs station at Mary 
Island, near the boundary line, from which base a good steam launch 
can guard and effectually control the yarious entrances to this portion 
of the district. 

Very respectfully. Max Pradt, 

Colltctor of Customs. 



458 PAPERS RELATING TO 

CusTOM-HousE, Sitka, Alaska, 

Colhctoi^s Office, July m, 1890. 
Hon. William Windom, 

Secretary of the Treasury, Wasliingtrnu D- C. 
Sir: 1 have the honor to transmit herewith the nomination of Mr. 
J. J. Healy, to serve as inspector of customs at Chik-at, Alaska, to 
serve without pav, except such compensation as may be awarded from 
the sale of contraband goods captured by him, forfeited, and sold 
according to law. 

Very respectfully, Max Pradt, Collector. 



Treasury Department, 
Office of the Secretary, 
W<(sh!ngton, Augmt 19, 1890. 
Collector of Customs, 

Sitka, Alashi. 
Sir: As recommended in your letter of the 12th ultimo, you are 
hereby authorized to employ, from date of oath, J. J. Healy as inspec- 
tor of customs at Chilcat, Alaska, without compensation. 
KespectfuUy, yours, 

O. L. Spaulding. 

Act lug Secretary. 



ThefoUminng is a letter dated October 23, 1891,froyn John J. Ileal y, 
iiui?ector so appointed for the Chilcat coimtry, to ^ the governor of 
Alaska, and relates to the houndary line in that section: 

District of Alaska, 
United States Marshal's Office, 

Chilhft, Alaska, Octoher 23, 1891. 
Hon. Lyman E. Knapp, 

Governor of Alaska, Sitka, Alaska. 

Dear Sir: As a citizen of this place I wish to call your attention to 
the condition of the natives inhabiting- this portion of the territory. 
The resident native population of Chilkat and Chilkoot numbei- al)out 
800. They are contined to a narrow strip of country extending from 
Point Sherman in Lynn Canal, to the boundary line, about 10 miles 
northwest of Klaw-Kwan, the upper Chilkat village. They are depend- 
ent for support on the salmon, which run in these waters from June 
until October. In former years they had a large trade with the Tan- 
a-nah Lidians of the interior — Lidians belonging to the British north- 
west territories. This trade is rapidly falling away in consequence of 
a trading port being established at the mouth of Pelly River, a tribu- 
tary of the Yukon. The loss of this trade has been lialanced by the 
market they have had for salmon sold the canneries here for four years. 

The action of the cannery men this year alarms them, and they are 
commencing to realize that it will be ])ut a short time before their 
means of support is taken from them. They object to tishermen enter- 
ing their river with nets, as they stop the run of salmon by the pres- 
ent system of iishing, viz, fishing night and daj', Sundays included. 



AMERICAN OCCUPATION. 459 

Six miles below the head of tidewater the fiats go dry at low water, 
and when the tide floods tishernien sail to the head, cast their nets, and 
drift with the ebb, getting- otf the Hats only at low water — at the time 
when salmon can not enter the river. When the tide floods again the 
same pi"ocess is repeated. By this means but \ery few tish can enter 
the river when the weather is favorable. The (^hilkat and Chilkoot 
Indians have requested me to make known their wants to the Govern- 
ment. They want a fishing reservation set aside for them by the Gov- 
ernment. They claim to be the first settlers in this country and that 
they never ceded any portion of their countrv to anyone nor never 
received any of the money the United States paid Russia. They say 
that when their fishing grounds won't support them they can not leave 
them for other countries like the whites can; that they have to live 
here and are here. 

They beg that something- may be done to save them before it is too 
late. They can support themselves now without the aid of the Gov- 
ernment and can always do so, providing the Government will give 
them the small reservation thev ask, which don't exceed 35 miles in 
extent. They are not asking for any portion of their reservation to 
be in daep water. They want the southeastern line drawn across the 
channel on the Chilkat Flats, which is entirely unnavigable at low 
water even for a canoe. If the present system of fishing is permitted 
next year, it will })e difficult to keep these natives from taking up 
arms against the Government. I am in a position to know their feel- 
ings on the sul)ject, and while 1 know them to be kindly disposed, if 
let alone, I believe that should they be forced to protect their food 
supply by force of arms, it will be an expensive and unfortunate war 
for southeastern Alaska, as it may mean a war with the entire Klinkit 
Nation. They have another cause of complaint, and can not under- 
stand why the Government does not protect them and remove the cause. 
They complain of intoxicating liquors being permitted to be sold them 
at the different stores here. Lemon extract, Florida water, whisky, 
and other liquors are sold to them in quantities, and many of their 
people get killed from the effects of drinking-. 

They are very quarrelsome when drunk, and all their sprees end 
with some cutting scrape. The Indian policemen are unable to cope 
with the evil. Sometimes the entire settlement is in a drunken uproar, 
and if this state of aft'airs be permitted much longer the able-bodied 
men and women will soon be killed off. The Indians have asked me 
to stop the sale of lemon extract, etc., but I am unable to accomplish 
anything- but arrest where some crime is committed in my presence, as 
these people will not lodge a complaint against one of themselves, 
knowing that by so doing they lose all chance of getting- paid for 
injury done them. There should be some means here of enforcing- law 
and order. A prison of some kind is needed here. The Indians ask 
for one. They need it to put a troublesome subject in, and with a few 
marines stationed here during winter months, we would feel compara- 
tively safe. You know the importance of this place as a fishing sta- 
tion, and it would ])e deplorable to have the entire plants of these 
cannery men destroyed l)y the acts of a few drunken Indians. 

Hoping that you will be able to render the aid so nuich desired, I 
remain. 

Truly, yours, Jno. J. Healt. 



-t60 PAPERS RELATING TO 

The foil 010 in g fr out the collector of customs at Sitka, dated FeJjvuary 
28, and the rtply of the Depart inent^ March S^ 189If,,^ relate to the 
appointment of two temporary In^^pjectors for duty at Chilcat andthei/r 
operations. 

Office of the Collector of Customs, 

Port of Sitla, Alaska, February 23, 1894. 

The Secretary of the Treasury. 

Waslilngton, D. C. 
Sir: During- the coming month a hirge number of miners will go 
into the Yukon, and 1 received private information that they intend to 
pack considerable liquor with them, which must have been smuggled 
from British Columbia. Their starting point is Chilkat. and with a 
view of seizing the lic[Uor, which they have no doubt hidden there, I 
have chartered a small sloop and put one of my inspectors in charge, 
and I have also sworn in two temporary inspectors for this work. I 
am in hopes of being able to do much toward preventing this continual 
violation of the liquor law. I therefore respectfully request the 
approval of James 8. Slater and Severen Stell'ensen as temporary 
inspectors not to exceed thirty days at a compensation of $3 per day. 
Ver}' respectfully, 

Benjamin P. Moore, ColJcctor. 



Treasury Department, 

Office of the Secretary, 

Washington, March 8, 1894. 
Collector of Customs, 

Sitka, Alaska. 
Sir: As recommended in your letter of the 23d ultimo, the employ- 
ment, from date of oath, of the foUowing'-named persons as temporary 
inspectors for a period not to exceed thirty days each, with compen- 
sation at the rate of $3 per diem each, is hereby approved: James S. 
Slater, Severen Steffensen. 

Respectfully, yours, W. E. Curtis, 

Acting Secretary. 



Thefollovjira/, dated March 29, 1895, from, the collector at Sitka, (ind 
Def>artment letter of April 12, 1895, to that officer, relate to the 
appointment (yf an inxp>ect(rr for duty in suppressing smuggling at 
I)yea and Sheep Camp. 

Office of the Collector of Customs, 
Fort of Sitka, Alaska, March 29, 1895. 
The Secretary of the Treasury, 

Wdshington, D. C. 
Sir: I have the honor to nominate William C. Watts temporary 
inspector of customs for the purpose of assisting the regular inspector 
in hunting for smuggled liquor supposed to have been cached between 
Dj^ea and Sheep Camp en route to the Yukon. 



AMERICAN OCCUPATION. 461 

I therefore iisk the approval of this noniinatioiu not to exceed ten 
days at a compensation of ^3 per aieni. 

This appointment is separate and apart from my request in letter 
to 3'ou of March "1. 

\qyy respectfully, 

Benjamin P. Moore, Collector. 



Treasury Department. 

Office of the Secretary, 

Wiislni,<jfn,), April 12, 1896. 
Collector of Customs, 

Sitka, Alaaha. 
Sir: As reconnnended in your letter of the 29th ultimo, the employ- 
ment, from date of oath, of William C. Watts as inspector, at the rate 
of !^3 per diem, is hereby approved. 

Respectfully, yours, C. S. Hamlin, 

Actwg Secretary. 



Xeirspaj)er clippiiig. 



Saturday, April 13, 1S95. 



ALERT CUSTOMS OFFICERS — SMUGGLED LIQUOR — FOUND CACHED IX THE SNOW ON THE 
SUMMIT OF THE DIVIDE, 16 MILES PROM SHORE. 

Collector Benjamin P. Moore keeps the revenne cutter Coririn dashing through 
the water at a lively rate. He realizes the need of rapid movements, for no other 
customs officer in the world has such an extensive coast to guard. 

Last week he sent the Cunnn. to Dyea Inlet with Deputy Collector I. M. Hofstad, 
Inspector Paul Kegstad, and Deputy ^larshal Watts aboard. 

This trio of shrewd officials were put ashore at Dyea and at once took the trip to 
Sheep Camp, where they found Ex-Deputy 3Iarshal Edwards, who shared his tent 
with them for a couple of nights. They climbed up to the summit of the divide in 
the face of a blinding snowstorm, and liere, after prodding around in the deep snow 
for several hours, they then found 200 gallons of liquor, supposed to be the tail end 
of an enormous stock sent on a short time previous. The next query was what 
to do with the liquor. They tried to negotiate with the Indians to pack it to the 
ship, but they refu.sed to touch it at any price unless the officials would first pack 
it themselves down to Sheep Camp, and from there they would take it to the Dyea 
for ?10 per keg. As this was too much of an exaction, they preserved some samples 
in bottles and spilled the balance in the snow by cho]jping into the kegs with an ax. 

Very few of Uncle Sam's officials would be able to follow smuggled goods 16 miles 
inland and discover its hiding place in the snow, and having accomplished this unex- 
pected feat they deserve great credit for their faithful and persistent shrewdness. 



Eoctracts from 7'eport of WiUlaiii Gouvernear Morris, special Treasury 
aqent, Alaska, to the Secretary of the Treasury, dated December 7, 
1881.' 

At Pyramid Harl)or, Chilcat Inlet, the Northwest Trading- Company 
and Kinney Brothers, of Astoria, have erected, respectively, two first- 
class canneries, and their first season's work has been satisfactory. 

At Cape Fox. near the Portland Canal, on the boundary line, near 
54' 40' of north latitude, some young- experienced tishermen from the 



462 PAPERS RELATING TO 

Columbia Kivor in Oregon have ju.st concluded their first season's 
work from a salmon cannery erected this year, and are quite sanguine 
that they have acquired a very valuable property. 

At Niiha Bay, near Tongass Narrows, another compan}' has located 
and begun the construction of buildings, salting fish, etc., and all 
reports show there are plenty of salmon to be had. 

Several new sites have been chosen, and parties in San Francisco are 
organizing other companies to begin operations next year. 

* ****** 

THE CRUISE OF THE FAVORITE. 

Upon reaching Sitka, in August last, I heard rumors of impending 
trouble in the northern part of the archipelago, but having no vessel 
to proceed there I was at a loss what to do, when I received the fol- 
lowing letter from the commander of the Jamedovm: 

U. S. S. Jamestown, S'dka, August 10, 1S80. 
Maj. Wm. (touverneur Morris, 

Special Agent, Treasury Department. 

Sir: I have received from various sources information upon which I rely, which 
indicates that unless some steps are taken by the Government to prevent, serious 
trouble between the Alaska Indians and Hoonah and the British Columbia Indians 
from Fort Simpson is liable to occur, a lar^e number of the latter Indians being at 
the latest dates actively engaged in killing with rifles the sea otter and fur seal on 
the hunting grounds of the Hoonahs. 

By letters received by me from miners and the owners of the steamer Farorite, I 
am requested by the chiefs of the Hooniahs to either take steps to drive off these 
strange Indians or give them permission so to do. 

I have also received information that complications are arising in the Chilcat 

country through the acts of two United States citizens named and , who 

have followed in the wake of the pioneer party to whom I furnished escort, and are 
by the Indians confounded with said party, and as such are held to be guilty of vio- 
lating the pledge given by the mining party to refrain from trading with the Indians 
of the interior. 

The Chilcat chief. Hole in the Face, and others send to me for advice and express 
anxiety lest the men may be killed. 

Under these circumstances I should be very glad to cooperate with you in any 
steps it might be, in your judgment, advisable to take toward suppressing these grow- 
ing troubles. 

I think it a wise policy to recognize and encourage these Indians in thus submit- 
ting their wrongs to the Government, and that a ceremonial visit from ourselves in 
person, accompanied by an armed force, will produce excellent effects. 

If you feel justified in furnishing a steam vessel, I will undertake to arm, man, 
and provision lier for such a trip. 

I inclose letters bearing upon the subject. 
Respectfully, 

L. A. Beardslee, 
Commander, U. S. Navy, 

It became evident to me that unless something was speedil}^ done 
there was great danger of an armed collision between the Hooniahs 
and Fort Simpson Indians, the end of which no one could foresee. 
The '/(f/Hextoir/i, being a sailing vessel, was of no use for the service 
re(|uired. There Avas no revenue cutter or United States steamer of 
an}^ kind on the station, and the only vessel available w^as the steamer 
Favorite^ belonging to the Northwest Tradino- Company. 

Finding from the managers that she could be chartered for a rea- 
sonable sum, the terms were soon agreed upon. I took the responsi- 



AMERICAN OCCUPATION. 463 

bility of securing- the vessel, and accordingly wrote Commander 
Beardslee the following' letter: 

Office Special Agent of the Treasury Department, 

Sitka, Akif<ka, Augud 11, 1880. 
Captain: In reply to your communication of yesterday informing me of the pres- 
ence of certain canoes manned by Indians from British Cohimbia in the waters 
adjacent to this port, engaged in the unlawful killing of the sea otter, in contraven- 
tion with section 1956 of the Revised Statutes of the United States, 1 have the honor 
to say: 

Thanking you very much for the information conveyed, and more particularly for 
your kind offer of assistance in the yiremises, it will afford me pleasure to take such 
steps as may be available for the purpose of putting a stop to these illegal expeditions. 
Accordingly I have made arrangements with the managers of the Northwest Trad- 
ing Company for the use of their steamer, the Favorite, at a certain per-diem com- 
pensation. 

It will certainly be necessary to have an armed force on the vessel, not only for 
my own protection, but for the purpose of intimidating these Indians from a recur- 
rence of these practices. A visit also from yourself personally would have a very 
healthy effect in preserving order throughout the archipelago. 

I have, therefore, the honor to request that you may be able to accompany me, 
with a portion of your command, at an early date, to Cross Sound and the Chilcat 
country. 

All details incident to the voyage, armament of the steamer, force, subsistence, 
etc., can be arranged between us personally. 

I am, respectfully, your obedient servant, 

Wm. GorvERNEUR Morris, 

Special Agent. 
Commander L. A. Beardslee, U. S. Navy, 

Commanding U. S. S. Jainestoicn, Harbor of Sitka, Alaska. 

As the mail steamer was bound south no time was lost in communi- 
cating the situation of ati'airs to Colonel Powell, the Indian commis- 
sioner of British Columbia, as will appear from the following- letter: 

Office Special Agent, Treasury Department, 

Sitka, Alaska, August 11, 1880. 
Colonel: A report has been officially made to the commander of the U. S. S. 
Jamestown, now in this port, that there are now in Alaskan waters, in the vicinity 
of Cross Sound, three canoes manned by Indians from Fort Simpson, British Colum- 
bia, who are unlawfully engaged in killing the sea otter, in contravention of section 
1956 of the Revised Statutes of the United States. 

I shall, as soon as practicable, repair to the alleged scene of action with an armed 
force upon the Northwest Trading (/ompany's steamer Favorite, which I shall charter 
for this purpose. 

I wish very much you could be here so that we could make a joint expedition. 
I dislike to resort to extreme measures in a case of this kind, whereas if you were on 
the spot a word from you in condemnation of such unlawful proceedings would 
probably tend to a discontinuance in the future. 

Owing to this I shall not be at Wrangell to go up the Stikine River until the 
steamer California makes her return trip there in September, say about the 12th of 
the month. 

I think the interest of the two nations would be very much promoted by your 
presence in these waters at the present time, and would therefore suggest to you, if 
compatible with the interests of your public service, that you get here without delay, 
in such naval vessel of your Government as may be placed at your disposal. 

After surveying matters in this quarter we can proceed together to Wrangell, and 
ascend the Stikine and look into the tisherj^ question. 
I am, respectfully, your obedient servant, 

Wm. Gouverneur Morris, 

Special Agent. 
Col. I. W. Powell, 

Indian Superintendent, Victoria, British Columbia. 



464 PAPERS RELATING TO 

The .steamer was coaled, watered, and transformed into a miniature 
gunboat. A Gatling gun was mounted aft and a l)rass Dahlgren 
12-pounder rifle howitzer forward. The commander of the Jamestoirn, 
Master (f. C. Hanus, and P. A. Surg. Nelson M. B. Ferabee were the 
complement of officers of the expedition. An additional engineer, 
pilot, interpreter, and 10 well-armed l^luejackets completed the outfit. 
Additional boats were also shipped, the vessel put in regular flghting 
trim, and on the 14th day of August w^e left Sitka and steamed for 
Peril Straits, one of the most dangerous passages of the inland waters, 
yet unsurveyed by the United States. 

Mr. Hanus was the hydrographer for the cruise. The manner in 
which he performed his duties will be found explained under remarks 
entitled '"Coast survey.'' 

Commander Beardslee represented the military portion of the com- 
mand, while the writer diet the civil functions as an officer of the 
Treasury Department. 

The first trilie visited were the Kootznoos, dwelling on Admiralty 
Island, niuiibering about 800. Some time before our visit a portion 
of this tribe had been engaged in a fight with the Stikenes at Wrangell 
Island, where several were killed and wounded on both sides. Our 
object was to inquire into the matter, which we did, and the result 
determined was that the origin of this bloody feud Avas occasioned by 
the indiscreet zeal of a missionary at Wrangell Island, the Rev. Dr. 
Corliss, of the Baptist persuasion, who took upon himself the destruc- 
tion of hoochenoo stills in the Indian village. Had he alone, aided 
by the white residents, undertaken the destruction of these stills, it is 
more than likely the Indians would haveotfered no resistance, but this 
gentleman, undertaking to wipe out the evil at one fell swoop, em- 
ployed Stikine Indians, the hereditary enemies of the Kootznoos, to 
eti'ect that purpose, and, as a natural result, as soon as the Stikines 
made their appearance in the cami) of the former hostilities began 
and came near resulting in very serious consequences. Actual ])lood- 
shed was the result, and several were killed and wounded on both sides 
in a fight which occurred subsequently. Toyatt, a Stikine chief, Avell 
known as a church Indian, was. unfortunately, killed. This loss is much 
felt and lamented ])y the Presbyterian missionaries, as he was a most 
excellent man and one of the most intelligent and devout of the con- 
versions made b}- Mrs. McFarland. 

This ill-timed action of Dr. Corliss only goes to show how careful 
one must l)e in dealing with the Indian character. It requires years 
of care, judgment, and thoughtful study to comprehend these untutored 
men, and, while I Avould not intentionally or unintentionally do this 
reverend gentleman an injustice, I am unwillinglv compelled to say 
that he acted without due reflection and in the most inconsiderate 
manner. While missionaries are endeavoring to educate and regener- 
ate the Indian race of Alaska, I must freely admit that their calling 
most certainly is and only can be to preach the gospel and educate the 
rising generation. The destruction of stills for the manufacture of 
spirituous liijuors does not belong to the clergy, but is the peculiar 
province of the military arm of the Government. 

The Jaiiii'stoini) was at Sitka, and Captain Beardslee was always 
ready to sustain the law. Dr. Corliss should have applied to him. If 
the exigency of the case prevented such application, then for the time 
the oft'ense should have been passed over. I can imagine no state of 



AMERICAN OCCUPATION. 465 

facts which will authorize a clergyman to smash hoochonoo stills ad 
libitum and travel around his ])ailiwick with a double-barreled shotgun 
on his shoulder. 

The result of the course pursued by Dr. Corliss was that C'aptain 
Beardslee was compelled to dispatch an armed party from his ship to 
AVrangell with a (xatling- gun, under the connnand of Charles Stewart, 
the gunner, in order to prevent a general war between the Kootnoozs 
and Stikines and preserve the peace generally at that port. 

The Kootnoozs were given to understand that their mode of redress- 
ing hostilities must liereafter cease, and if they had any complaint it 
must be referred to the proper authorities. 

The village of this tribe was noted for its cleanly appearance, the 
number and condition of its houses, which were better constructed 
than the usual Indian wigwams. 

In Kotseok Harl)or, on the west side of Admiralty Island, the 
Northwest Trading Company have erected a post. Here we sent for 
"Saginaw Jake" to accompany us on a portion of our trip north as 
an extra interpreter, he belonging to this tribe and being friendly dis- 
posed toward the whites. At this point we obtained the first infor- 
mation since our departure of the Fort Simpson expedition. 

We next proceeded to Port Frederick Harbor, as laid down in 
Meade's chart, but called in the Indian tongue "Komtokkon."" 

It is the principal village of the Hoonah tribe, which is large, war- 
like, and powerful, estimated at some S(»0 in number. This tribe own 
the sea-otter grounds upon which the British Indians infringed, and 
were ready for war when we reached there. A pencil sketch of the 
above-named village will ])e here observed. 

Their villages, lishing and hunting grounds, are scattered all 
through Crof^s Sound, and once aroused they could do a great deal of 
mischief. The head chief being absent, after remaining here a suffi- 
cient length of time we proceeded in quest of him, and found him at 
last at a village situate on Tchsish Island. This latter not being 
named on the chart we called it Sherman Island, in honor of the late 
esteemed Secretarv of the Treasury, and it will hereafter be so known 
in future charts; unless the Coast Survey should see tit to rechristen it. 

The audience with this chief, Kahhoodoosak, and magnates was held 
in the cabin of the FarorHe and was intensely instructive and interest- 
ing. An idea of it can be gathered from a drawing here inserted. 
The officers, including myself, were all resplendent in uniforms, gold 
lace, and buttons, with our swords either lying on the table or hooked 
up at the side. 

This old chieftain spoke in slow and measured language and at times 
was really eloquent. I can not say when I have been more impressed 
with the innate power contained in a savage breast than on this occa- 
sion. He it was who had caused the letter to be written to Captain 
Beardslee informing him of the sea-otter raid, and who alone by the 
force of his own mighty Avill had prevented his tribe from murdering 
every King George Indian on the spot. 

He dwelt at length upon the importance and gravity of the situation, 
and concluded by thanking Captain Beardslee for his visit and assuring 
him of his everlasting friendship and that of his tribe for the Boston 
white man. 

Captain Beardslee delivered a very sensi])le and well-digested speech, 
in which he informed them why his ship had been sent to the waters 

21528—03 37 



406 PAPERS KELATINC4 TO 

of Ala.^ka, what the Great Father at Washiiioton expected of the 
Indians, how the^' should behave, and the manner in which they would 
be punished if thev failed to heed his advice and Avarning-, which he 
had come so long a distance in person to give. He connnended the 
chief for writing him the letter and not permitting his young men to 
engage in reprisals and go upon the war])ath. It produced a very 
good etiect, and then another actor appeared upon the scene. As the 
chief inclined his head toward the undersigned at a signal from Beards- 
lee, a presentation was made in due form, and I was announced with 
quite a flourish of trumpets as the great Hy As Tyhee, the big peace 
conunissioner from the Great Father at Washington, a tyhee superior 
in rank to Beardslee. who had come to talk peace and trade to himself 
and people. A mighty ""Ah!'' was swelled forth from his cavernous 
chest, and, looking me straight in the eye. gurgled a string of words, 
which the interpreter simply translated ''Go ahead." 

Rank is everything with these Indians, and the more important the 
personage and the more gold lace exhibited so much the greater do 
they fear and respect the individual. They look upon the captain of 
a man-of-war with far more fear than they do the vengeance of the 
Supreme Being. 

It took some time to bring his mind to thoroughly follow and under- 
stand the ditterent phases of the customs revenue which were presented 
to him, but 1 believe the interview will result favorably in this respect, 
for I impressed u})on him the necessity which existed for his point 
blank directing his whole tribe to have no personal or commercial rela- 
tions whatever with the Fort Simpson Indians; to utterly ignore them. 
Care was taken to explain everything to hin\ necessary for him to 
know, and to impress upon him that if hereafter they traded for 
British goods that when next I came along in a gunboat I would seize 
every article of foreign merchandise that could l)e found and con- 
tiscate it. They fully comprehended the situation before the powwow 
was concluded. We here learned that the smuggling expedition had 
returned to Fort Simpson with only one sea otter. As the canoes took 
an inside passage, Ave did not see them. We learned, however, that 
thev were the avant courier of a large fleet, some 60 in numl)er, 
expected up in Octol)er, 1880. 

I Avent at length into the clandestine liquor trade carried on Avith 
liritish Columbia, and the manufacture of hoochenoo, and dAvelt upon 
the violation of laAV in the former and the enormity of the latter. 

The tirst part of the proposition Avas conceded, and promises to buy 
no more Hudson Bay rum or Avhisky Avere freely made; but the truth 
compels me to say my attack upon hoochenoo did riot achieve the 
brilliant eflect expected. HoAvever, the lesson was taught and good 
fruits are contidently looked for. 

The school question Avas prominently brought forward, and it Avas 
really touching to see these stahvart men begging that the Avhite man 
Avould send some gospel man to teach their children to read and write. 
I have never seen any Indians anywhere so greedy for education as 
those along the shores of Alaska. 

After this we proceeded to explore Glacier Bay, a name given by 
ourselves to a large sheet of Avater charted by Conmiander Sleade as 
dry land. There are a large mmiber of Indians living there in prox- 
imity to the sea-otter grounds, and Ave desired to hold a Ava-Ava Avith 
them l)ut the navigation l)ecoming more and more perilous and fog 



AMERICAN OCCUPATION. 4(>7 

roiiiino- up d(>cicU>d Captiiin Vaiiderbilt not to risk his iiisunmce l)v 
iiiakiii"" iiiiy fiirth(n" etiort, and wo al)out ship and ran for a former 
an('hora«^'(\ 

Our visit to the C'hih*at country was rife with interest and produc- 
tive of important results. We made our principal rendezvous at Port- 
age Bay, where the Northwestern Trading Company have erected a 
A'ery important post and w^here the Chilcats and Chilcoots will here- 
after build the principal village of each tribe. One tribe will be on 
the right and one on the left of the trading post and mission buildings. 
The Indians will come from the interior villages and hereafter live 
close to the salt water. The situation is an eligible one and the Indians 
will be far better off. The location is better suited for the United 
States, for we can handle them with so little trouble alongside the 
water, whereas were they on the Chilcat River it would be exceedingly 
dithcult to get at them at all. This change of base or location can in 
a great measure be attributed to the influence of our visit. 

We found on our arrival a new house well constructed in charge 
of the company's agent, Dickenson, w^ho is married to a full-blood 
Indian woman of the Tongas trilie. The latter is a very intelligent 
person, having been educated at Victoria, Vancouver Island. She 
speaks English both correctly and fluently and writes a very fair letter. 
She acts as interpretress fur the two tribes and the trading post, and 
withal is a sound Christian woman, a missionary teacher, and of excel- 
lent reputation. 

She has organized a school of her own, but owing to the distance of 
the villages but few of the children can attend. The company have 
oiiered to Iniild a schoolhouse gratis, w^hich. with a chapel there to be 
erected by the missionaries, will convert this desert place into one of 
the most thriving Indian villages on Cross Sound and important trad- 
ing posts in the whole archipelago." 

This is a very shining example of what civilization and teaching- 
will accomplish. One year since and there was not the most remote 
sign of a settlement or living thing at Portage Bay; now everything 
is changed. It is actually to be the headquarters of the two powerful 
chiefs of their respective tribes. 

Here the Presbyterian mission is situated and thriving, and the 
commercial advantages to be reaped are cpiite extensive. 

We happened in at a ^'ery opportune time, for war was raging 
between the Chilcats and Chilcoots. We very much desired to see 
Klotz Klotz, the well-known chief of the Chilcats, but he was block- 
aded in his principal village. This man has heretofore been very 
intractable and not well disposed toward the whites. Captain Howard, 
of the Revenue Marine, thus speaks of a visit made by him to his royal 
highne.ss in 1867: 

At 1.30 five large war canoes came alongside, one with the Hudson Bay Company's 
flag flying, and Jack, pilot and interpreter, in full uniform of an English officer, came 
on hoard. The head chief soon arrived with his wife (daughter of the great chief 
of the Stikines) and were received in the calnn, where I had a long "talk"_ with 
him. He is a very quarrelsome Indian and tries one's ]iatience exceedingly. 
Whisky not ))eiug given him he was much incensed and said: "If I had no presents, 
coats, trousers, and shirts, why come? Talk without whisky was nothing; s'pose 
plenty whisky and presents, then talk good." 

(I Since my visit to this locality in September, 1880, the Rev. Sheldon Jackson, D. D., 
has been there and located permanently a mission and erected the necessary build- 
ings. The Rev. E. S. Willard and wife have been assigned to that post. 



468 PAPERS RELATING TO 

I was well aware of the character of this chief, and knew it was necessary to secure 
his good opinion and friendship for the Bostons (Americans), otherwise it would be 
unsafe for any small trader with the flag of the United States to go there. 

1 felt exceedingly the want of presents for such occasions. I have not, however, 
asked the Department for any, nor the power to purchase. Whisky I had, but would 
not give him any, knowing it was the intention of the Department to prohibit all 
trattic in it. 

After an hour's talk he was convinced the ship was not a trader, but the great 
American (Boston) chief sent to talk with him; that presents would be made him, 
provided he was true to the new Hag; also being assured that traders would come at 
the proper seasons. Presenting him with a handsome and new overcoat — lined with 
red broadcloth and fully trimmed with l^raid — tobacco, molasses, and biscuit, an 
American flag ami staff, which was fitted in the bow of his canoe, he departed much 
better disposed than I had anticipated. Several minor chiefs and friends of his 
(Chatotiuit) were made suitable presents, and all departed at sunset kindly disposed 
toward their new rulers. 

It will be perceived that Captain Howard speaks of this man as 
" Chasquit." He is the same individual and at our grand talk wore 
the identical overcoat presented him by the former some thirteen 
years since, somewhat tlie worse for wear, however, but in a tolerable 
state of preservation. 

The first authentic intellig-ence we had of the battle raging was 
obtained from Mrs. Dickenson, and was the same night supplemented 
by the arrival in a canoe from the seat of war of Pierre Errissard, a 
French voyageur. 

The recital of the event was graphic in the extreme. Given us on 
the deck of the steamer in the clear, almost Arctic, moonlight by 
Pierre himself — a handsome, stalwart. Titan-like man, arrayed in a 
gorgeous red shirt, tiowing sash, and parti-colored costiune glittering 
with weapons — it brought to mind a scene once witnessed in the Ionian 
Archipelago. 

This splendid animal, half pirate, half brigand, as he proceeded in 
his pantomime with great gusto, was the most exhilarating and 
refreshing episode of the whole cruise. He fought, V)led, laughed, 
and danced, each movement replete with action, grace, and ])eauty, 
until we were forced to admit that Pierre as a raconteur was par 
excellence, and, according to his own exploits in the war, a hero of no 
mean proportions. 

We l)ecame more impressed of the greater necessity for caution and 
diligence and of the fortunate event which had taken us there. On 
that afternoon we had sent an Indian messenger to Klotz Klotz in a 
canoe, likewise another to the chief of the Chilcats, requesting their 
presence at a joint conference. 

. The Chilcoots, or at least a portion of those under the leadership of 
Danawah, a chief of the lower village, were on a tremendous hoochenoo 
drunk at a point a))Out 12 miles from where we were anchored. 

The next day had ahuost passed and the sun well down in the hori- 
zon when, no Indians appearing, we came to the conclusion that the 
chiefs intended to disregard our visit and that Mohammed must go to 
the mountain. This alternative, for man}' reasons unnecessary to men- 
tion, was not agreeably entertained. Just as the orb of da}' was sink- 
ing below the horizon I observed the stalwart form of Klotz Klotz 
stalking along the beach. Beardslee relates his interview with him, 
which will be found elsewhere. 

The next day there hove in sight a fleet of canoes, with flags flying, 
drums beating, crews singing, colors streaming in the air, and paddles 
being plied vigorously, approaching in line. Then, and not until then, 



AMERICAN OCCUPATION. 469 

did Beardslee and myself give a breat^h of relief. Our authority had 
not been set at defiance and the *•' Wa Wa " would come off. 

In the day following- each party approached the steamer from their 
own standpoint, and the cal)in was arranged as l)efore for the inter- 
view. Pretty much the same proceedings were had, only each of the 
parties had on a little more war paint, the Indians being highly feath- 
ered and dressed in gaudy costumes, one chief being arrayed in the 
full undress uniform of a post captain in the English navy. We added 
epaulets to our former rig, but the artist seems to have omitted them 
in the picture. 

The proceedings lasted several hours and were quite monotonous, but 
they finally eventuated in Klotz Klotz potlaching — paying tribute — 
for the man he had slain, and peace was declared, the chiefs shook 
hands, and order reigned in Warsaw. 

Beardslee describes this at length, so no more space will be given to 
it than to say the happy conclusion of these differences, as brought 
about by ourselves, was most opportune and has been a lasting benefit 
to the whole country. 

Klotz Klotz spoke of Mr. Seward's visit to him with great satisfac- 
tion, and was the more pleased when we explained that he was the 
most exalted Tyhee that had ever l)een in Alaska. He exhibited a let- 
ter from Mr. Seward commending him to the attention of all public 
ofiicials. One of the chiefs bared his arm, and tattooed thereon in 
large letters was the word '"'Seward." 

The details of the interview were pretty much the same as those 
which transpired with the Hoonah chief, which renders it unnecessary 
to describe them. They were particularly pleased at the idea of hav- 
ing a school, and promised all their children should attend. 

One feature particularly interested me. These two chiefs are grow- 
ing old and fear their power is waning. They fear lest the turbulent 
and ambitious young warriors may dispute their authority and over- 
throw them, hence Klotz Klotz asked Commander Beardslee if he 
would not send a man-of-war there to aid him in keeping the most 
rebellious in order and appoint Indian policemen like those Janies- 
toirn police at Sitka. Commander Beardslee promised him that a gun- 
boat should visit them occasionally. 

One great trouble which we have experienced heretofore in dealing 
with the Chilcats has been their proximity to the boundary line of 
British Columbia. Their numbers have also been greatly overestimated. 

Lieutenant Symonds, U. S. Navy, of the JaiiKstovn, recently made 
a reconnoissance of the Chilcat and Chilcoot rivers, and has sent me a 
chart, which is included in the remarks upon the ''coast survey." 

He says there are but 880 Indians in the whole Chilcat tribe, and not 
from 2,000 to 4,000, as previously supposed and claimed by them. 
He took the census carefully by personally visiting each house, so that 
no mistake might occur. Of this number, 558 reside in the large ranch 
called Kluk-quan. (See map.) 

There are no quicksands in the river or at its mouth, as previously 
reported, a most careful examination having been made to demon- 
strate these facts. The Chilcoots reside on the Deyea River, in eight 
houses, containing in all 127 Indians. 

The Chilcat River is in the channels from 1 to 8 feet in depth and 
innavigable except for canoes. Its trend is to the west by north, so 
no question can be raised as to whether it is or it is not in our own ter- 



470 PAPERS RELATING TO 

ritorv. It was formerly supposed to come from the northward, but 
the compass of Lieutenant Symonds clearly demonstrated otherwise. 

This is very satisfactory to have so accurately determined, for the 
reason that heretofore a portion of the Chilcat tribe have been sup- 
posed to live under British jurisdiction, and as the only method of 
communicatino- with them is through our country, Colonel Pow^ell. the 
Indian connuissioner for British Columbia, has frequentl}^ told me he 
wished they were all in our jurisdiction. 

This will also interfere with the whisk}^ traders going there and 
selling smuggled goods from Vancouver Island, telling the Chilcats 
that they are "King George" Indians and not "Bostons." 



Heports of ojfic< i'i< of tJte United States Revenue Mat'ine/'^ 

Treasury Department, January 5, 1869. 
Sir: In partial reply to the resolution of the Senate of the 15th 
ultimo, requesting information concerning the Territory of Alaska 
and the fur interests therein, 1 have the honor to transmit herewith 
extracts from the reports of Capt. J. W. White, commanding the 
revenue steamer }V<n/anda., giving a narrative of the cruise of the past 
summer in the Alaskan waters. 

I am, sir, veiy respectfully, H. McCulloch, 

Secretary of the Treasury. 
Hon. B. F. Wade, 

President of the Senate. 

a cruise in ALASKA. 

[From official reports of Capt. J. W. White, commanfler of tlie U. 8. revenue steamer Wayanda.] 

On the 13th of May, 1868, I reached Fort Simpson, Hudson Bay 
Company's post, and proceeded next morni-ng to Fort Tongass, Clem- 
ent village. On sounding out the passages and anchorage otf the fort, 
found no good harbor except for very small vessels. Visited the 
Indian village; found them friendly and well disposed; was informed 
by the chief, "lbl)its,"'''that his tribe numl)ered about 145, being a por- 
tion of the Tongas tribe proper. 

* ***** * 

On the 17th proceeded up Clarence Straits through Stachinski Straits 
to Tchikhakoti' Straits, thence up Zimovia Straits to Etholine Bay, and 
anchored oti' Fort Wrangell; learned from Captain Smith, V . S. Army, 
that the Indians were quiet and peaceable; was visited by Shakes, 
chief of the Stikine tribe, and many of his people. They seemed 
pleased at having the troops located near them. Took soundings in 
the passage to Wrangell Channel and made corrections on the chart. 
***** * * 

From this place I proceeded to Chilkaht, where we arrived in the 
afternoon of the 12th; were visited by the chief and several natives 
from the lower village. Mext day, accompanied by five officers, I 
visited the village; was well received l)y the chief, who conducted us 
through most of the houses. An epidemic of measles had lately 
visited this people. (This disease we found at Fort Simpson in the 
spring, and it has since made its wa}^ through nearly every tribe up to 

« For full report see Senate Ex. Doc. No. 8, Fortieth Congress, third session, and 
Senate Ex. Doc. No. 179, Fortj'-sixth second session. 



AMERICAN OCCUPATION. 471 

this place.) In nearly every house we found some who were 3^et sufl'er- 
ing from its effects. B}^ their request these were examined and pre- 
scribed for by the surg-eon. These people, though independent in 
manner, when treated properly' will be found well disposed and quite 
docile. During this season only two small trading vessels have visited 
this region, and the natives I'omplain that they can not find market 
for their furs nor o])tain goods needed for themselves and for trade 
with interior Indians. I promised, if possible, on my return to Sitka 
to induce some trader to visit them with such articles as they required. 

On the morning of the 1-ith, after giving small presents to the chief 
and headmen, dismissed them, well pleased with our visit; got under 
way and proceeded down Lynn Canal to Berners Ba3^ where we stopped 
a short time to examine the ))lufl'; found numerous quartz veins con- 
taining sulphurets of . (We discovered these occurring in similar 

formation along the northeast shore of Admiralty Island and on the 
mainland as far as Tako Harbor, 00 miles southeast of Berners Ba3\) 
Passed on down Lynn Canal and into Stephens Passage, making- 
anchorages near the upper and lower Awke villages. From each of 
these places sent out parties to examine for coal and minerals, the 
Indians having reported to me that such existed in this vicinity. We 
found no traces of coal or the formation in which it occurs toward the 
south end of Admiralty Island. The niineralogical specimens ol)tained 
I forward for examination and identification. 

The Awke Indians, though not mnnerous, are divided into several 
bands, and are looked upon as dangerous by the traders, yet we found 
them ver}^ friendly and faitliful as guides, acting willingly in this 
capacity for a small consideration. The passage separating Douglas 
Island from the mainland, and known on the charts as Gastineau 
Channel, we found only navigable for small boats at high water. 

On the 17th proceeded down Stephens Passage with the intention of 
visiting the Indian village near the head of Tako Inlet, for the purpose 
of discovering, if possible, the truth in regard to charges of miscon- 
duct made against these Indians by a trader who had visited them this 
season. Arriving at the mouth of the inlet and tinding quantities of 
heavy ice drifting down from glaciers near its head, obstructing and 
endangering its navigation. I continued on to Tako Harbor, about 10 
miles south. While here I was visited by one of the chiefs of the Tako 
tribe; learned from him that the misunderstanding betw^een his people 
and the trader arose from the hitter's refusing to pay the price for 
their furs they had been accustomed to receive from the Hudson Bay 
Com])any. The Indians forcibly removed from the vessel a portion of 
the cargo, but subsequently, through the influence of the chief, 
returned it all in good order. I advised the chief in regard to the 
prompt action of the Government in all such cases, assuring him that 
an}' future misconduct on the part of either Indians or traders would 
meet proper punishment. Receiving from him promises of future good 
conduct, I deemed it unnecessary to pursue the case further, it appear- 
ing to me that both parties, were somewhat to blame. 

* -X- * * -X- * -X- 

The occasional visit of these steamers at each village along the coast 
will do more toward insuring the respect of the natives and reconciling 
disputes that will naturally arise between them and the traders than 
the most complete system of military posts that may be devised. 



47'J PAPERS RELATING TO 

U. S. Revenue-Marine Steamer Thomas Corwin, 

iSith/^ Ala.shf, Augu.Ht 12^ 1877. 
Sir: In compliunce with the' Department telegram of the 26th ultimo 
I proceeded to this place, where I arrived at 4 p. m. of the 10th instant, 
and a.s the mail steamer will leave here this p. m. I have the honor to 
sill )m it the following" report: 

* * « * -::• -:;- * 

The great desire of all with whom 1 have conversed seems to be that 
the Indians should be made to understand that the Government has 
not entirely abandoned the country to them, and that its presence 
here should be represented by an armed vessel, or the return of the 
troops. I would here respectfully suggest the propriety of having an 
armed vessel visit this place and the principal Indian villages in this 
archipelago once every two or three months at most, as that of itself 
would have a greater restraining inlluence over both whites and Indians 
and tend to the better enforcement of the laws and the preservation of 
the public peace than by stationing troops at this point. Carrying out 
this view, I would respectfully inform the Department that after becom- 
ing satisfied that our stay here will be no longer required for the proper 
enforcement of the laws for the time being, I shall proceed to visit 
some of the principal villages and Fort Wrangell; thence to Port Town- 
send, Wash., where I shall leave Pilot Keene and report to the D^part- 
luent, exercising my best judgment at all times for the l>est interests 
of the Government. 

# * « * -^ m 

I have the honor to be, very respectfully, etc.. 

J. W. White. 

C((])f(i!n^ United SiateH Revenxe Maruie. 
Hon. John Sherman, 

Secretary of the Tr('<i><>iry, WasJiington., D. (.'. 



U. S. Revenue-Marine Steamer Wolcott, 

J'ort Towimnid, Wash., Novemher m, 1877. 
Sir: 1 have the honor to report my arrival here from a cruise to 
Sitka, in accordance with your orders of the 1st of Octol)er, and beg 
leave to submit the following report: 

*-/-** * * * 

I remained at Sitka until the afternoon of the 2d instant to satisfy 
myself of tiie future intentions of the Indians and to quiet any alarm 
the citizens might have had. I had hoped the Chilkats, after the 
celel)ration Avas over, would shortly take their departure for their 
homes, and with that hope in view I offered to give them a tow a good 
distance upon their way, but I learned from them that it was very 
uncertain when they would leave, as they had a number of furs they 
wished to trade off' and if they could not dispose of them at Sitka they 
intended to try and sell them elsewhere. 

Before 1 sailed I called a meeting of their chiefs and talked with 
them. I told them that 1 had been sent there by the Great Father at 
^^'ashington to talk with them and to learn the truth about the reports 
that had ])een made against the Indians for pulling down the stockade, 
and other depredations. I urged strongly upon the Indians the neces- 



AMERICAN OCCUPATION. 473 

sity of their roiiiiiinino;- at peace and sul)niitting quietly to the author- 
ity of the Ignited States Government, and of relying on its good faith 
and kind intentions toward them. I moreover told them that if the}'" 
did molest the white people or destroyed private or public propertj'' 
that the Great Father would punish them severely. The}' made long 
speeches and stated "''they were friendly to the whites and wished to 
continue so; that they talked every day good to their people and urged 
them to do nothing that would bring upon them trouble." They said, 
""The white man sell Indian rum, and then abuse him if he acts fool- 
ish." They moreover said : ' ' Much that had been told about them were 
lies; the Russians steal and pull down stockade and say Indian done 
it." They pledged themselves to use ever}' means in their power to 
keep peace and order, and that no disturbance should occur among 
their people and the whites if they could prevent it. I am lirmly con- 
vinced that whsjt they promised they meant to perform. 

* * * * * * * 

Very respectfully, your obedient servant, 

J. M. Selden, 

Captain, United Stat(^x Revenue Marine. 
Hon. John Sherman, 

Secretary of tJw Treasury, Washington., D. C. 



U. S. Revenue-Marine Steamer Thomas Corwin, 

Port Toimisend, Wash., Septemher lU 1879. 

Sir: After forwarding my report from Sitka, dated the 12th ultimo, 
by the mail ^{^mwev California, I remained at that place until the 30th, 
then proceeded to visit the various tri])es north and east, viz, the 
Hooners, Chilkarts, Ocks, Tarlooks, and Hootsnohoos, embracing a 
distance of nearly 500 miles, returning on the 27th to Sitka. 

We fcnind the people of the above-mentioned tribes engaged in 
trading, hunting, and preparing tish for winter use. All expressed 
themselves as friendly toward the whites; they are also at peace 
among themselves, which has not been the case for many years past. 
At several places, and particularly at Kake, they are shy of approach- 
ing the vessel until fully assured of our friendly intentions. 

■K- -X- -X- * * * * 

Seeing no further necessity of remaining longer in Sitka, and deem- 
ing it important equally to visit other points in the archipelago before 
leaving the waters of Alaska, I left there on the afternoon of the 28th 
ultimo, and proceeded by the outside passage and through Clarence 
Straits to Wrangell, where on the evening of the 29th we arrived. 

Here I visited Mr. Dennis, deputy collector in charge. Wrangell is 
at the head of navigation for deep-water vessels bringing supplies for 
the mines up the Stakine River. It has grown to be a mining town in 
all its features, and has a population during the winterof two or three 
thousand whites and Indians. 

* ****** 

Leaving Wrangell on the morning of the 1st instant, we proceeded 
to Kaita Bay, the home of the principal chief, Skoual, of the Hyda 
tril)e of Indians, north of 5-1- 40'. We found this tribe, like the others, 
engaged in the usual occupation of hunting and tishing. We left this 



474 PAPERS RELATING TO 

phioo on the morning of the 3d instant and. proceeding- by the various 
inland passages, arrived at Nanaimo on the evening of the <)th instant, 
where we took on l)oard 40 tons of coal. Leaving Nanaimo on the Tth 
instant, we continued on to this place, where we arrived at 2 a. m. of 
the 8th instant and transferred to the Wolcott Pilot Keene. also the 
pistols and anuuunition borrowed from that vessel. 

'k -k ^ * * * * 

I have the honor to be, very respectful! v, vour obedient servant, 

[ ^ J. W. White, 

Captahi^ United Sfatrs Rereuuc Manne. 
Hon. John Sherman, 

Secretary of the Treaxnrij^ Washhi</t<ni, D. C. 



Letters from ojficers of tlie Revenue- Cutter Service. 

Revenue-Cutter Service, 
Office Superintendent of Construction and Repair, 

San Francisco^ Cat.., JSLarch 31^ 1903. 
The Secretary of the Treasury, 

Wa><hlngton, D. C. 

Sir: In accordance with Department instructions b}- telegram of the 
28th instant to Capt. M. A. Healy, Revenue-Cutter Service. I respect- 
fully submit the following statement covering the early cruises in 
Alaska of the United States revenue cutters to which I was attached 
at the time, particularly referring to the inland waters situated between 
Wrangell Island and Yakutat Ba3^ 

The most extensive of these cruises was made by the U. S. revenue 
steamer Wayanda., under the command of Capt. John W. White, in 
18»)8, the year following the transfer of Alaska from Russia to the 
United States. We left San Francisco, Cal., between the 3d and 5th 
of May, 1868, and steamed to Port Townsend. then in Washington 
Territory, where we stopped for several days in order to have the oth- 
cers and crew of the vessel vaccinated, it having been reported that 
smallpox was prevalent among the Indians of British Columliia, par- 
ticularh' at Victoria, where we were to stop for a pilot, and at Nanaimo, 
where we were to take in coal. At Victoria we took on board a pilot, 
Mr. Thomas Ainsle}', who was familiar with the waters of Alaska as 
fai' as Sitka, and who was also to act as inteipreter in conmumicating' 
with the Indians. From that port we steamed to Nanaimo, where we 
coaled ship and then proceeded to Sitka, Alaska, stopping at Tongass, 
Kassan Bay, Fort Wrangell, and Cape Ommaney, on the way. At 
Sitka we coaled ship from coal landed there for the Government and 
also took on board a Russian pilot named Cadin, as Mr. Ainsley, the 
pilot taken on board at Victoria, British Columbia, was not acquainted 
with the northern inland Avaters of Lynn Canal, Glacier Bay, and that 
vicinity, he having been formerly employed on vessels of the Hudson 
Bay Company, which the Russians proliibited from trading in that 
part of the country while in their possession. Those vessels, the 
steamers Beanr and Lai^l^lurr, of the Hudson Bay Company, as stated 
by Pilot Ainsley, although allowed to go as far as Sitka, were per- 
mitted to trade anywhere within the Russian possessions. 

From Sitka we cruised through the entire inland waters of Alaska, 



AMERICAN OCCUPATION. 475 

stopping- at all the Indian .settlements in L^^in Canal, including Tayia 
Inlet, what is now known as Skagwa>% Chilkat Inlet, Berners Bay, 
and other places. We also stopped at Muir Inlet, Glacier Ba^-, and 
from there went down through Gastinear Channel to Taku Inlet, 
Stephens Passage, and all other chartered bays and inlets w^here Indian 
settlements were known to be situated. 

While in Glacier Bay the ship at one time got aground and was for 
a time in considerable danger from large masses of ice which were 
floating by. Befoi'e the tide arose to release us from our predicament 
a number of Indian canoes came in sight, and to illustrate to the 
natives the fact that the ship could still take good care of herself, 
althoug-h temporarily unai)le to move, a number of shells were tired 
from tiie 2-i-pounder howitzers at the floating icebergs. The bursting- 
of the shells api)eared to frighten the people in the canoes, and cer- 
tainly greatly impressed two native chiefs whom we had taken on 
board for passage to Sitka and who had evidenth^ never seen anything- 
of the kind befoi-e. At all the Indian villages or settlements where 
we stopped we held conuuunication with the natives, and at a numl)er 
of places held council with the Indian chiefs, usualh' in the largest log 
hut in the village. 

The chiefs met us dressed in their best outflts (generally a new 
blanket profusely decorated with pearl or bone buttons and a head- 
dress of colored cloth bands or feathers), and the oflicers of the vessel 
were in full uniform. On such occasions the meetings were l)y appoint- 
ment. Mats w^ere placed upon the floor, and all sat down except the 
common natives, who stood up in and about the hut. Speeches were 
made by some of the chiefs, their language being interpreted l\v our 
pilot. The Indians desired to know all about our visit in their waters. 
Our commander replied through the interpreter, informing them that 
our presence was for the purpose of examining into their condition 
and explaining to them that they were then under the jurisdiction of 
the United States, as their part of the country, as well as a large addi- 
tional part, had been purchased from Russia by our Government. 
At some of the settlements the headmen informed the commander 
that they had heard that the ''Boston men" (by which name all our 
people were known to them) had purchased the country and hoped 
that we were all good people and that we would get along peaceal)h\ 

We stopped several da^'s at each settlement where there were a con- 
siderable number of Indians and made inquiries as to their under- 
standing of the transfer of the country from Russia to the United 
States. We also fitted out expeditions looking for coal, which the 
people at some of the places claimed to know al)out. I went with the 
natives on all such expeditions, sometimes being absent from the ship 
for several days. We found quantities of lignite at numerous places, 
but no real coal. During some of these expeditions, particularly in 
the northern inland waters, where the natives were reported as being- 
treacherous, the cai)tain made an agreement that one or two chiefs 
and a "shawman'' (Indian doctor) should remain on board of the ship 
until I was safely returned. I soon picked up some of the Chinook 
jargon, which most of the young natives understood, and in that way 
got along very well. 

At most of the settlements the ship's surgeon visited the' people and 
examined into their physical and sanitary condition. He also gave 
them some treatment and performed some operations. 

During our visits to some of the settlements the people complained 



476 PAPERS RELATING TO 

of tlie bad character of their chiefs or subchiefs and desired that they 
be deposed, ^^'hen such requests were made our commander had the 
people called tog-ether, and in the presence of the accused chief ques- 
tioned them, throuo-h the interpreter, as to what abuses he had com- 
mitted and whether they all desired his removal. When it was found 
that at least a majority of the tribe wished to have the man removed 
from authority he was called out before them and informed that he was 
no long-er a chief of that tribe and the reasons therefor. The people 
were then directed to choose a chief from among- themselves, and when 
this was done the man selected was given a written paper signed by the 
commanding- officer of the ship authorizing- him to act as chief, and he 
was generally presented with a cutlass, and on some occasions Avith an 
old uniform cap, if one was availa])le, as badges of authority. We 
never found that authority invested in this way was ever afterwards 
disputed by any member of the tribe. 

We boarded and examined two small schooners that were found 
trading with the Indians in Lynn Canal but, as they had no whisky 
or British goods on board, they were not disturbed. They hailed from 
Sitka, and had authority from the collector of that port to trade with 
the natives. We also overhauled and searched all large Indian canoes 
found underway, as it had been reported to the commanding- officer by 
some of the officials at Sitka that the natives were smuggling in Eng- 
lish blankets and other goods purchased at Fort Simpson, British 
Columbia, and passed along from tribe to tribe in the way of trade. 
These blankets were known among the Indians as "'King George" 
blankets and brought higher prices, as the natives liked them much 
better than the "Boston" blankets, as they called those made in the 
United States, and we certaiidy admired their good judgment. 

After steaming to Fort Wrangell we returned to Sitka where we 
coaled and watered ship, and in a few days started on a cruise to the 
westward, stopping at Kodiak Island, Yakutat Bay, Cooks Inlet, 
Bristol Bay, and the Aleutian Islands. 

After coaling and watering the vessel at Unalaska we steamed to 
the islands of St. George and St. Paul (seal islands), where we remained 
for some time and then steamed back to Unalaska again, coaled and 
watei-ed ship and steamed to Sitka by the wa}^ of Belcovskv and Unga. 
At Sitka we took in coal, and after a short stay at that port proceeded 
through the inland waters of Alaska to Nanaimo. British Columbia, 
where we again coaled shiyj and proceeded to San Francisco. Cal., bv 
the way of Puget Sound and the Straits of Fuca. 

We were six months on this cruise, about four months of which 
were spent in the inland waters of Alaska, the remainder of the time 
being taken uj) in the cruise to the westward. 

The following year. 180i>. I made a six months' cruise to Alaska in 
the U. S. revenue steamer LhicoJn. We left San P^rancisco, Cal., in 
May, and after stopping at Victoria and Nanaimo, British Columbia, 
for coal and water, steamed through the inland waters of Alaska to 
Sitka, stopping at Bella Bella and Fort Simpson, British Columbia. 
From Fort Simpson we steamed to Tongass (United States territory), 
and from there to Kasaan Bay and Fort Wrangell. 

From ^^'rangell we proceeded to Sitka, where we coaled and watered 
ship, and after a short stay at that port weighed anchor and steamed 
to the southward through Peril Strait to Fort Wrangell. While we 
were at this settlement Secretary of State Seward arrived on a mer- 
chant steamer, which had been placed at his disposal by the Pacitic Coast 



AMERICAN OCCUPATION. 477 

Steamship Company. News of tlie intended visit of the Secretary had 
in some way reached Fort AVranuell and l)efore the steamer arrived a 
large numlier of Indians had collected from the surroundino- country. 
Thev came in their racing and war canoes and were dressed in their 
bravest attire. Our ship lired a salute from our battery of six 24- 
pounder guns as the Secretary steamed by and the wads from the guns 
striking the water created great consternation among the natives, who 
paddled oU' as fast as they could until the smoke cleared otf and they 
could see that no damage had been done; they had probabh' never 
heard such tiring before and did not understand that it was a salute. 
The Indians made much of the Secretary and got up canoe races and 
dances in his honor. They fitted out a gi'eat war canoe and took the 
Secretary and party some distance up the Stickine River. 

From Fort Wrangell we returned to Sitka, where we remained 
during the visit of Secretary Seward, and after coaling and watering* 
ship we made a cruise through the northern inland waters over much 
the same ground as covered by the Way<ni<la during the year pre- 
vious. From Sitka we took with us several officers of the U. S. 
Army, among them being Col. Neal Dennison, Major Bell, and Lieu- 
tenant Livermore. During the cruise the army officers and officers 
of the vessel visited the various settlements and held councils with 
the natives. We took with us three of the principal Indian chiefs and 
their wives from villages on Lynn Canal and Glacier Bay and ])rought 
them to Sitka, where a grand dinner was given by the army officers 
and citizens at the Castle, the former residence of the Russian gov- 
ernor of Alaska, the Indian chiefs and their wives being invited. 
During this cruise, also, all trading vessels and large canoes under 
way were boarded and examined, as much smuggling from British 
territory was reported to l)e going on. 

The latter part of this cruise was to the westward to Kodiak Island 
and the Aleutian group, the return being made b}^ the wa}" of Sitka 
and the inland passages of Alaska to Port Townsend, Puget Sound, 
where we were ordered to remain. 

I made many other cruises to Alaska in the L"^. S. revenue steamers 
Jiu-sh (two vessels of that name, the old and new i?'^s•A) and the Wol- 
cotf, but did not again visit the northern inland waters. 

I was with Captain Shepard in the ^^/.s7/ during his last cruise to 
Alaska, and we then went to Yukatat. 

Respectfully subuiitted. 

J. A. Doyle, 
Ch/'ef -Engineer, TJ. S. lie renue- Cutter /Service, 

As-'^istanf to Engineer in Chief, P. C. 



U. S. Steamer Thetis, 
S(in Fr(inci-'<co, Cal., Mareli JO, 1003. 

The Secretary of the Treasury, 

WasJiington, I). C. 

Sir: Replying to Department telegram of the 28th instant, I re- 
spectfully forward the following in regard to my several cruises in 
Alaska: 

My first visit to Alaska was on the revenue cutter Reliance^ leaving 



478 PAPEKS RELATING TO 

San Francisco about October 31, 1868, and arriving at Sitka the last 
of November. From that time on while cruising in that country we 
exercised the right of search of all vessels, as far as regards domestic 
trade, in all waters, bays, and rivers north of Cape Fox to the head 
of Lynn Canal. Our lirst seizure was the steamer John L. Stevens, 
Capt. Chirs Dall, master. Brennan & Holliday being the owners. She 
was seized at Sitka for ilU^gal importations of foreign goods from 
Victoria and also landing liquor, which was prohibited under the 
President's proclamation. I, then ])eing a second lieutenant attached 
to the U. S. revenue cutter He/iance, was ordered aboard the Jo/ui L. 
Stevens as prize master, with orders to deliver her to the United States 
district attorney at San Francisco. 

After properly turning over my charge I returned to Sitka on the 
U. S. steamer Lincoln, acting as navigator on the passage up. Arriv- 
ing there. I was permanently attached to the L!nc(>ln. My next cruise 
was through the inland waters in search of the liquor landed by the 
John L. Stevens^ and over 100 barrels were eventually located and 
seized. This liquor was found at Wrangell in charge of Leon Smith, 
who was afterwards shot by a native and whose heirs put in a claim 
for the value of this seized liquor — part at Tongass, in charge of a man 
named Waldron, and the remainder in the care of King AVilliam Lear, 
who had secreted his share near the headwaters of Lynn Canal. This 
liquor was all seized and taken to Sitka and turned over to the collec- 
tor of customs. 

One of the steamers of the Hudson Bay Company, I think the (>ttei\ 
was selected by General Davis to carry army stores from Sitka to 
Wrangell. Dr. H. McLitvre. at that time special Treasury agent, 
made a xigorous protest against foreign })ottoms being engaged in 
coasting trade. After a spirited contention the right of law prevailed, 
and these stores were not carried to Wrangell in a British bottom. 1 
relate this to show that these waters were considered w^holly Ameri- 
can and that we exercised jurisdiction over all trade in them. 

While at Sitka in command of the Conrhi there was an outbreak 
of the Lidiansat Killisnoo Inlet. Captain Merriman, commanding the 
naval forces in those waters, was appealed to for protection. I knew 
that his ship, the Wdcliusett^ was too cumbersome for safe handling in 
those waters, and I tendered him the use of the Conrhi, reserving to 
myself the sole right of navigation, which he accepted. Arriving at 
Killisnoo, at an appropriate stage of the tide, we ran up to the Lidian 
villages, shelled the towns, and eventually destroyed by burning. As 
a guaranty of future good conduct, a tribute of 1,000 blankets was 
levied, but only 500 could be obtained. The late Abram Hewitt, then 
a member of Congress, severely censured the naval connnander and 
as highly conunended the officcn's of the Revenue-Cutter Service. 

To emphasize the fact that the Canadian officers were very jealous 
of their rights and the prerogatives of their government, I will relate 
the following incident. While returning from Alaska, late in the fall 
of 18H9, on the U. S. S. Lincoln^ Cai)t. David Evans, Revenue-Cutter 
Service, commanding, we stopped at Nanaimo. l^ritish Columbia, for 
coal. While at the dock many of the crew left the vessel without per- 
mission, and we placed sentries on the wharf, at the bow and stern, to 
prevent this. An officer of the British Government came on board 
and made a strong protest against armed aliens on British soil for any 
purpDse whatever. Our sentries were called on board and kept their 
watch from the deck of the vessel. 



AMERICAN OCCUPATION, 479 

A part of tliis niirrativc^ lioro rofors to the duty of the Relhinr,\ 
»vhit'li vessel, being a schooner, made the outside passage to Sitka. 
Her duties while I was attached to her were performed in the harbor 
)f Sitka and the inland waters. Subsequently 1, first as junior then 
IS a commanding otiicer, have mad<> many tri})s to Alaska and return by 
:he inland })assages. It was almost the universal custom to make Port 
FownscMul the point of depai'ture, and to tly the revenue ensign until 
he border line was reached, then the national ensign to the southern 
)ouiidary of Alaska, as shown on the chart, and from there to the 
leadwaters of Lynn Canal the revenue ensign was used, and all the 
luty and functions pertaining to our service were exercised. 

This report is written hurriedly and amidst the busy time of outlit- 
ing for sea and wholly from memor}'. Should a more particular 
■eport ))e required, if the Department will indicate the points desired, 
[ will endeavor to furnish them. 

Respectfully, M. A. Healy, 

Captain^ Revenue- Cutter Service, Commanding. 



ElEPORTS RELATIVE TO SCHOOLS, CENSUS, AND CONTROL OF 
THE INDIANS, AND MINING LOCATIONS ON THE MAINLAND OF 
SOUTHEASTERN ALASKA. 

The Secretari/ of tin- [nterior to the Secretary of State. 

Washington, April 13, 1903. 
rhe Secretary of State. 

Sir: In response to your request of the ISth ultimo, I have the 
lonor to send herewith copies of various official documents taken 
'rom the archives of this Department, having reference to the occu- 
pation by the United States and its citizens of the continental shores 
>f the possessions of the United States in southeastern Alaska. 
Very respectfully, 

E. A. Hitchcock, Secretary. 



The Secretary nfthe Inte-rior to the Secretary of State. 

Department of the Interior, 

Washington., SejAemher 16, 1898. 

Sir: I have the honor to transmit herewith a copy of a letter 
iddressed to you by Dr. Sheldon Jackson, touching the establishment 
)f schools, etc., in southeast Alaska since 18TT. together with a letter 
"rom the Commissioner of Education regarding the provisions made 
\v this Department for the education of children in Alaska since 1884. 

There are also transmitted herewith for your information copies of 
:he reports of the special agent of this Department charged with the 
;aking of the census of Alaska in 1880 and 1800, with accompanying 
naps of that Territory and a memorandum showing the executive 
locuments published V)y this Government touching the district of 



480 PAPERS RELATING TO 

Alaska and the boundaries between the United States and Great Brit- 
ain from 1828 to 1876, inclusive. 

In this connection attention is directed to Senate Executive Docu- 
ment No. 17t*, Forty-sixth Conj^ress. second session (Senate Ex. Docs., 
Vol. IV, 18Ty-8(>), which contains a detaiUnl report from the Secre- 
tary of the Ti'easury to the Senate concerninji' matters connected with 
Alaska Territory and the transfer of jurisdiction over the Territory 
frou) tlie \Vai' l)ej)artment to the Ti'easuiv Department. 

From this document it appears that an army })ost Avas established at 
Sitka. Ahiska, as early as 1807, and soon afterwards four other mili- 
tary posts were established, viz, Kodiak. Ton^ass, Kenay, and ^^'rano•el]. 
Very respectfully, 

C'. N. Bliss, Si-<rrt<ir[/. 

The Secretary of State. 



The Coiiiinixsloncr of Education to tJir Secretary oftltr Iiitcrnn'. 

Department of the Interior, 

Bureau of Education, 

W<isJu Hilton, I). C, Siptenihcr ir>, 1S98. 

Sir: Referring to 3'our verbal instructions of the 13th instant, I 
have the honor to present herewith in brief form the particulars rela- 
tive to the establishment of schools by this Bureau, under th(> dii'ection 
of the honorable the Secivtary of the Interior, the same beino- stationed 
alono- the south coast of Alaska. 

In lss4 Conui'ess, in the oroanic act creatine' the District of Alaska, 
enacted that the Secretary of the Interior sliould make needful and 
ade((uate provisions for the education of the children of that section 
without distinction of race. 

In accordance with which act, on the 2d da}" of March, 1885, the 
Secretary of the Interior assiuned this work to the United States 
Bureau of Education, and Dr. Sheldon elackson Mas appointed general 
ao-ent of the Bureau to the work. Pul)lic schools were at once estab- 
lished at Sitka. .luneau, P'ort ^^'rano■ell, Jackson, and Haines, in south- 
east Alaska, and in Unalaska, in the Aleutian Islands. 

The school at Haines is on Portajie Bay, at the head of I^yim Canal: 
ap])roximate latitude 57- 15' north, lonoitude 135^ 28' west. The 
public school was opened in 1885 and has continued in operation to 
the present time. 

In the fall of 188(5 a public school was established at Lorin^j;-, Xaha 
Bay. Behm Canal, with latitude approximately 55- -!<»' north and 
lonoitude 130- 45' west, with Sanuud A. Saxman. of Pemisylvania, as 
teacher. In Novem)>er, 19s»i, Professor Saxman was removed to Fort 
Tonj^jiss. 

In 1S85 a school was opened at Fort Ton^ass. on Tlekhonsjti Har- 
bor, in at)out latitude 54 45' north and longitude 130 45' west. The 
school was oi)ened in the I'nited States military l)arracks, which had 
been erect«>d in 1867, with Louis Paul, teacher. In November, 1886, 
Prof. A. Saxman was placed in charge. During the winter Mr. Sax- 
man and Mr. Paul were drowned at sea, and the school was discon- 
tinued in the spriiig of 1887. 

In July, 1888, a public school was opened at Metlakahtia, Annette 



AMERICAN OCCrPATION. 481 

Island, ill latitude' 55 lo' north and longitude 131' 25' west, set apart 
for tho ])urp()S(' by act of Congress approved March 3, 1<S1>1 (an act to 
repeal tinihcr-culturc laws, etc., sec. 15). The school was tauj^ht by 
Mr, William Duncan, assisted by one or two native teachers. That 
•school has been in operation to the present time, some years under the 
L'haro-c of the Bureau of Education and other years sustained b\' the 
colony itseli. 

In 18i>5 a public school was opened at Saxnian. on Tonoass Nariows; 
i])proximate latitude 55' 25' north and longitude 131 80' west, with 
two teacheis. Tiie school is still in operation. 

All of which is respectfully submitted. 

^y . T. Hakris. Coiiimixx/ourr. 

The Secretary of tiii: Intekioh. 



Rei\ Sheldon Jad'Hon to thu S<^cretari/ of State. 

Dei'aktment of the Jntekiok, 
Bureau of Education, Alaska Division'. 

W((shin(/tori^ D. 6'., Scptemhti' 15^ 1H9H. 

Sir: In response to your incpiirv of the 18th instant with regard to 
my connection and the work of missions in southeast .Vlaska. I have 
the honor to state that I went to Alaska as superintendent of Pi-esb\'- 
terian missions in 1S77. I have spent. Ix'tween that date and the pres- 
ent, three winters and nearly ever}' sunnner; have visited repeatedly 
parts of the Territory south of Mount St. Elias, as well as large por- 
tions to the north and to the west. 

In the spring of 1885 I was appointed general agent of the Depart- 
ment of the Interior of the United States (lovermnent for the purpose 
of estat)lishing schools. 

In establishing Presbyterian missions in soutiieast Alaska it was 
dways understood that it was a part of the I'nited States, as the home 
rlepartment witli which I was connected had no authority for the estab- 
lishment of mis>ions outside of the jurisdiction of the rnited States. 

In 1881 I established a Preslnterian mission station on Portage Ba}', 
it the head of L^nn Canal, which was named Haines. The Rev. Eugene 
Willard and family were i)laced in charge, and their work has grown 
it that point into a flourishing church of native membei-s. The mis- 
sionary now in charge is the Kev. ^V. \s . W'arne. 

In l8S5 I sent Mr. and Mi's. Lewis Paul as missionaries of the 
American Pres])yterian Church to Fort Tongass, on Tlekhonsiti Har- 
bor, at the extreme southeastern point of Alaska, where they remained 
for several years. In 181*5 this mission was transferred to Saxman, on 
Fongass Narrows, where Mr. .lames ^^^ Young and the Kev. Edward 
Marsden are in charge. 

In 1887 Mr. \\'illiam Duncan, at the head of a prosperous mission 
it Metlakahtla, in British Columl)ia. moved his colony north to Annette 
Island, in order to get within the jurisdiction of the United States. 

In 1S97 the ^Mission Society of itlie Protestant EjHscopal Church of 
the United States estal)lished a mission at Ketchikan, on Tongass Nar- 
rows, southeast Alaska. 

In 18S1 the United States naval conunander in those waters asseml)Ied 
Shateritch, Donawok, and other leading chiefs of theChilcat tril)e and 

21528—08 38 



482 PAPERS RELATING TO 

explained to them the object of the missionaries locating among them 
and charging them to see that they were not molested, and annually 
thereafter the ceremony- was repeated up to the year 1885 and later. 

Detachments of the LT. S. Army had had camps at Kadiak, Kenai, 
Sitka, Fort Wrangell, and Fort Tongas from 1867 to 1877, inclusive. 
Upon the withdrawal of the military in 1877 a naval vessel — at lirst the 
Jaiiiei<ton')i (Capt. Henry Glass), afterwards the Adtonsfiw^ the WacJiu- 
sett^ the latter conunanded by Captain I^ull — was stationed at Sitka, 
cruising, as circumstances required, to preserve order among the natives 
from Fort Tongas in all the inlets to the head of Lynn Canal. 
I have the honor to be, very respectfully, 

Sheldon Jackson, General Agent. 

Hon. W. R. Day, 

Secretary of State., WasJilnyton, D. C. 



Extracts from, the annual reports of the governors of Alasl'a. 

Sitka, District of Alaska, 

Octoher 1, 1884. 
The act organizing the district of Alaska, approved May 17, 1884, 
requires "the governor to make an annual report on the 1st day of 
October in each j^ear to the President of the United States of his offi- 
cial acts and doings; of the condition of said district with reference to 
its industries, resources, population, and the administration of the 
civil government thereof." 

* * ***** 

On the 15th of September, after the usual "governor's salute," 
Lieut. Commander Henr}^ E. Nichols, commanding the U. S. S. Pinta 
and the naval forces in the district, formally relinquished to me all 
civil authority hitherto exercised by the United States Navy, deeming 
that functions in that direction ended wnth the advent of the civil 
govertmient. 

»**«*** 

Very respectfully, John H. Kinkead, 

Governor of the District of Alaska. 
The President. 



Sitka, Alaska, Octoher i, 1S8G. 
Sir: * * * On my way back from Washington, while at .Juneau, 
I was shown a letter from Archbishop Segers, of the Catholic province 
of British Coluiubia and Alaska, indicating a bad condition of ail'airs 
in the Chilcoot neighl)orhood. This zealous prelate, accompanied by 
a nund)er of priests, was on his way to the Yukon country for the 
purpose of establishing missions and schools for the benetit of the 
interior jiatives, and complained of having been subjected to the most 
outrageous extortion at the hands of a Chilcat chief, who claimed the 
right of levying tri))ute upon all who passed through that part of the 
Territory occupied by him and his people. Another letter, signed by 
all the priests and Taymen of the party, related the circumstances of 



AMERICAN OCCITPATION. 483 

iin assiiult comiiiitted upon {\\o ixtsoii of the ai"('li))isliop by the chief 
in question for no other proxocation tiian an earnest remonstrance 
against his extortionate demands. 

1 also conversed with two persons who chiimed to have witnessed 
the assault, and was informed b\' a number of })crsons lately returned 
from that section that unless some measures were taken to curb the 
rapacity of this particular chief and his immediate followers serious 
trouble was likely to ensue. The ship on which 1 was a passenger 
having some freight to land at the Chilcat cannery, not far from the 
lower Chilcoot village, where the chief in question lives, the captain 
consented to take myself and a marshal's posse to the latter place 
without compensation other than the usual cost of steerage passage. 
I therefore concluded to take with me a deputy marshal and sufficient 
force to insure the capture of the chief, with a view of bringing him 
before the commissioner at Juneau for examination. The commis- 
sioner was absent on his ranch, however, and a warrant could not be 
ol)tained, but feeling that prompt action was necessar}^ knowing that 
no other opportunity to reach Chilcoot was likely to present itself for 
a long time to come, and realizing the impossibility of adhering to all 
the usual forms of law in such cases, I concluded to take the responsi- 
bility of proceeding in this case without legal process. 

Taking with me the deputy marshal and 11 men, I accordingly pro- 
ceeded to Chilcoot. Arriving at which place, with a view of avoiding 
possi))le bloodshed, I sent word to the chief that I w^ished to see him 
on board. -He came otf to the ship, and on being closely questioned 
did not deny having had trouble with the archbishop, whom I person- 
ally know to be a most genial, kind-hearted gentleman, while he boldly 
asserted the right to exact payment for the privilege of passing through 
the country he claimed as belonging to him and his people. I there- 
fore, after explaining to him the reason, ordered him to be placed 
under arrest, and knowing the disposition to suicide of these natives 
under such circumstances, had him so secured as to prevent him from 
doing himself a personal injury. I then went on shore and had a 
"talk'" witii his people, to whom I explained the intentions of the 
Government concerning them, assured them of my desire to deal justl}'- 
and honestly with them, but warned them that they must abandon their 
pretentions of right to collect toll from white men passing through the 
country inhabited by })ut not belonging to them in a political sense, 
and received from them a promise of future good behavior. Return- 
ing we reached fluneau late at night and ascertaining that the commis- 
sioner was still absent, 1 concluded to bring the prisoner on to Sitka, 
though pei'fectly well aware that there w^ould be no evidence here upon 
which to hold him for trial. 

I believed, however, that a lasting impression for good could be 
made upon him during the time he might necessarily be detained in 
Sitka waiting for transportation back to his home, and in this I was 
not mistaken. He was put through the formality of an examination 
and for the want of evidence discharged. Afterwards during his staj- 
I had frequent interviews with him. and also managed to l>ring him 
under the direct influence of the principal chief of the Sitkas, from 
whom he received such additional good ad\ice that on his return home 
he called his people together and in a lengthy speech w^armh^ advo- 
cated the cultivation of friendly relations with the whites, assuring 



484 PAPEKS RELATING TO 

them that they had everything to gain and nothing to lose by permit- 
ting the white.s to pass unmolested through their country. 

» -;:- * * a * * 

Ver}^ respectfully, A^our obedient servant, 

A. P. SwiNEFORD, 



The President. 



Governor of Alaska. 



Sitka, Alaska, October 1, 1888. 
Sir: * * * There are, or ought to be, 13 public schools in the 
Territory, viz. 2 at Sitka, 2 at ^Juneau, and 1 each at Oonga, Kodiak, 
Afognak, Chilkat, Killisnoo, Wrangel, Klawak, Howkan, and Metla- 
katla. All these schools are in operation, unless that at Oonga be an 
exception. 

* * * * * * * 

There is but one so-called tribe in the southeastern section with 
whom there is any trouble to be apprehended, and though they are 
not in sufficient numbers to wage what might properly be termed war, 
they are certainly in a position to make themselves very troublesome 
and annoying it" thej" chose to do so. 1 refer to the Chilcats, who are 
located on the Chilcat River, and at and around the head of Chilcoot 
Inlet. They claim the exclusive ownership of the trail over which the 
miners are wont to pass from tide water to the headwaters of the 
Yukon River, and it is an open question if their claim be not a just one. 

However this may be, they also claim the exclusive right to do all the 
packing over the trail, in some instances going so far as to resist the 
white miner's right to carry a pack of his own. They are a tierce and 
warlike people, more so than any other of the native clans of Alaska, 
and frighten away all other Indians who apply for or undertake to do 
any of the packing for the white men, for doing which thev them- 
selves demand and extort exorbitant prices. As a consequence there 
have been fretjuent quarrels between themselves and the white miners, 
none of which, however, has resulted in bloodshed. But last spring a 
tight occurred between t e leader of the Chilcats and a Sitka Indian, 
in which the former was killed, and the latter afterwards butchered by 
the leader's friends. The white miners took no part in the tight, but 
many were apprehensive of furthi^- trouble, their fears only being 
allayed when the U. S. S. Plnta appeared in the inlet. 

As no white persons were injured, no complaints or arrests were 
made, and though I can not hear that any of the miners were molested 
while on their way out from the Yukon this fall, I am apprehensive 
of more trouble next spring, in which event it is more than likely the 
whites may be embroiled. If there is any one point in the Territory 
where a military post should l)e established and maintained it is among 
these Chilcats. A continuous show of force in that neighborhood 
would be sufficient to insure their good behavior in the future. 

* * * * -X- * * 

Very respectfully, 

A. P. SwiNEFORD, 

Governor of Alaska. 
Hon. William F. Vilas, 

Secretary of the Interior.^ Washlngtoii., D. 0. 



american occupation. 485 

Executive Office, 

Slthi, Aldiika, October 7, 1890. 
Sir: * * * Quiirtz lodes are worked in ten or more districts, 
some of whicli are large and contain many distinct claims. The ten 
districts referred to are as ft)llo\vs, to wit: Sheep Creek region, which 
[itfords ore containing silver, gold, and other m(>tals; Salmon Creek, 
near Juneau, silver and gold; Silver Bow Basin, mainly gold; Douglas 
Island, mainly gold; Fuhter Bay, on Admiralty Island, nuiinly gold; 
the Silver Bav mining district, near Sitka, gold and silver; Berners 
Bay, in Lynn Canal, mainly gold; Fish River mining district, on Nor- 
ton Sound; Unga district, and Lemon Creek. Many of the ores con- 
taining silver and other metals, notably the Sheep Creek, Salmon 
Creek, and Lemon Creek ores, are sent to smelters long distances 
away foi' reduction, the necessary conveniences not being found near at 
hand. Some of the ores are simply ])iled up waiting for future oppor- 
tunities or the erection of mills. The number of mills for crushing 
the ore and obtaining the free gold within the Territory is, I believe, 
thirteen, only one or two of which have chlorination works to reduce 
the sulphurets. The mills may be enumerated as follows: 

stamps. 

On Douglas Island, the Alaska Treadwell Gold INIining Company 240 

The Bear's Nest Company 80 

The Alaska Union Mining Companv 120 

The Mexican ' 10 

In Silver Bow Basin: 

The Equitable Alining Companv ' 10 

The Takou Consolidated '. 10 

The Webster mill 5 

Archie Campbell's mill 10 

In Fuhter Bay, Admiralty Island, Willoughby's mill 10 

In Berners Bay 5 

In Silver Bay district, Sitka, Stewart's mill 10 

Lake Mountain Mining Company 5 

In Fish River raining district 10 

Total 525 

* * * * * * * 

Respectfully submitted. 



Hon. John W. Noble, 

Secretary of the Interior. 



N. O. Murphy, 

Acting a ore r nor 



Territory of Alaska, Executive Office, 

Sitl-a. October 1, 1892. 
Sir: 

indian police. 

Under the act of appropriation, March 3. 1891, to pav Indian police, 
and the authorization of the Commissioner of Indian Affairs, the corps 
of Indian police was increased to IS, '1 of whom are ofticers. The pri- 
vates are distributed as follows, to wit: Two at Metlakahtla, '1 at Wran- 
gell, 1 at Klawak, 1 at Howkan. 2 at Juneau, 1 at Douglas, 3 at Chilkat, 
3 at Sitka. The officers are located respectively at Sitka and Juneau. 



486 PAPERS RELATING TO 

All these policemen are required to report to some white man, usu- 
ally a deputy marshal, and directed to act under orders from him, to 
assist the deputy in preserving order, to prevent the manufacture of 
hoochenoo, to intiuence attendance by the native children of school 
ag'e upon the Government schools, and to give prompt information 
relative to any matters of which the Government officers ought to be 
informed. The policemen employed during- the last year have gener- 
ally proved efficient and useful, though in two instances it became 
necessary to remove those who had become negligent and inefficient 
and put others in their places. 

The policemen have been supplied with badges of their office, and 
in some cases they have provided themselves with a uniform or special 
costume. The usefulness of the Chilkat policemen was greatly dimin- 
ished during the last winter, while they had no white leader, and 
perhaps, as will ])e more fully referred to later, the fact that their com- 
plaint of the sale of disguised licjuors to the Indians of that locality ])y 
certain white men received no attention may have had something to 
do with the abatement of their zeal. The Chilkat district is an impor- 
tant one, containing three canneries, several mines, a mission and 
Government school, and half a dozen, or such a matter, of stores and 
trading establishments. The district embraces nine Indian villages 
and extends 25 miles up the Ghilkat River into the interior. The 
numl)er of white residents is limited, and the Indians are less advanced 
in civilization than those nearer the old towns. They are much given 
to drinking intoxicating liquors and when druidv are dangerous. A 
strong police organization is important. Chilkat matters will be more 
specitically discussed hereafter. 

The duties, as well as the relations, of the Indian police to the peo- 
ple are necessarily somewhat ditferent from those attaching to the 
office in true Indian country. But these policemen are no less useful, 
and I trust that the number of men employed mav l)e increased as we 
find satisfactory men and favora))le conditions. 

****** * 

A drunken row with the most serious results occurred at Chilkat on 
the -Ith day of July last. Intoxicating liquor has been sold freely for 
a long time. Three canneries have been in operation dui'ing the sum- 
mers for a num])er of years. There are also three or four stores for 
the sale of general merchandise, several saloons, quite a number of 
white and Chinese residents, and a large number of Indians residing 
in their seven villages during the winters, but congregating at times 
about the canneries. These Indians have alwpys been considered dan- 
gerous, and drunken brawls have l)efore resulted fatally to some of 
the Indians themselves. Generally these accidents have been kept out 
of sight and the evidence suppressed and the difficulties settled ' '' accord- 
ing to Indian custom."'' Enough transpired, however, to suggest the 
necessity for prompt and vigoi'ous action. As stated in my last annual 
report, I organized a force of Indian police, and under the effi'cient 
management of Deputy Marshal Healy they did excellent service in 
destroying hoochenoo and the native manufacture and were full of 
zeal to reform the whole neighborhood of all drunkenness. To this 
end they made complaint of the sale of licjuors disguised under the 
name of lemon extract, in which complaint white men joined. 

1 communicated the facts to the district attorney. After some 



AMERICAN OCCUPATION. 487 

months the complaints were reiuMved, and I re((uested the district 
attorney to accompany me to that phice :ind mak(^ an investigation. 
\\'e Avent there on tlie V . S. S. Plnta, as stated in my hist annual 
report, in July, 1891, and while I was ha\ino- a conference with the 
natives al)out their troubles with the canneries the district attorney 
was supposed to he inv(vstioatino- the charges of selling lemon extract 
to the Indians. 

* * * * -X- * * 

Meanwhile Deputy Marshal Healy was away, the Indian policemen 
without a head were of no account,, and saloons multiplied until pande- 
monium ensued, and the culmination was reached on the 4th of fJul}^ 
last, when, in a drunken row, one Indian was killed, one white man 
and one Indian were severely wounded, and another white man was 
shot down in cold blood next day as a resulting sequence. The cir- 
cumstances of the affray need not be recounted here. 

The killing of Marx on the 5th of July seems to have grown out of 
the drunken riot of the night before and through the influence of the 
Indian custom of requiring lUood for lilood. The wife of the Indian 
who had been killed went to a friend, probably a member of her hus- 
band's clan, and appealed to him to avenge his death, an a])peal which 
in the olden times was never disregarded. She recited the catalogue 
of her wrongs and closed by saying-: ''Tom. you are a great warrior. 
You are my friend and the friend of my husband. You claim to be a 
brave man. The white men have come here and tiiken away our fishing- 
g-rounds. driven away our game, treated us with contempt, and have 
now killed my husband. Avenge his death and- take away our shame." 
Ton] took his gun and shot the first white man he met, Frank Marx, 
who was not engaged in the drunken row at all and was in no waj^^ 
responsible for what had happened. 

Prompt action was taken by Deputy Marshal John Dalton. and Com- 
missioner Hoyt, of Juneau, held inquests on the l)odies of the deceased 
men and made arrests as follows, viz: John Wade, white, for man- 
slaughter of the Indian, who was held for trial in the sum of |1,000; 
Tom, an Indian, for murder of Frank Marx, who was conmiitted to 
jail to await trial: Qualth, an Indian, for assault with intent to kill, 
who was committed to jail; Kowtshish, an Indian, for assault, warrant 
issued; Sitka Jack, an Indian, for assault, warrant issued and arrest 
made some time later; Yelth-ta, an Indian, for disturbing the public 
peace, tried, found guilty, and fined $30— in default of payment, com- 
mitted; Martin Oleson, white, for selling intoxicating licpior. held for 
trial in $400; M. V. Sharp, white, for selling licjuoi-. held for trial in 
§400; Lyman Stearns, white, for selling liquor, held for trial in $400; 
Joe Tuguerie, white, for selling liquor, held for trial in $400; Silas 
Gibson, white, for selling liquor, held for trial in $400. 

-X- ■35- * ^r * * * 

Very respectfully, your obedient servant, 

Lyman E. Knapp, 
Governor of Alaska. 
The Secretary of the Interior, 

Wa.-</iu)(/fon, D. C. 



488 PAPERS RELATING TO 

Report of the Rer. Sheldon JacJi'srn^ D. I)., npon the condition of 
educ(itl<ni in Alnxha, 18S1." 

TAKOO. 

During the sunimer of 1880 Kov. and Mrs. S. H. K. Corlies ciiri'ied 
on a teniporaiy school among the Takoos. 

CHILCAT. 

In the summer of 1880 Mrs. Sarah Dickinson, a Christian Tongass 
Indian, was sent to open a school at the store of the Northwest Trad- 
ing Company, among the Chilcats at the head of Lvnn Channel. 
During the past summer 1 erected at that point a residence for the 
teachers and provided a school l)uilding, leaving Rev. E. S. Willard, 
of Illinois, in charge, with a flourishing school. 

* -X- -X- -JV * -K- * 

In fluly, 18T8, a conuuittee of Indians from Kla-Wack made a strong- 
appeal to Mrs. McFarland for a teacher. During my trip in 18T5> 1 
had conferences with prominent chiefs of the Chilcat. Hydah, and 
Tongass tribes, all asking for teachers. And to show their sincerity, 
on my recent trip, Shateritch, the head chief of the Chilcats, gave me 
the best house in his village for school purposes. He has also sent one 
of his boys to the Indian training school. Forest (xrove, Oreg. 

Skule-Ka, a leading chief of the Hydahs, also gave the best house 
in his village for a school, and his wife does the teacher's washing free 
of charge, saying, "" He was teaching them freely, and she would wash 
for him in like manner.'' 

At a council held ))y Lieutenant Hanus, of the U. S.S. Janie.'<tonv), 
with the Chilcats th(\v said that if a teacher were sent to them " they 
would look up to him as they do to the sun.'' 

* -X- * -X -K- * * 

On the loth of Octo))er, 1879, the following letter was addressed to 
the honorable Secretary of the Interior in reply to his request for a 
report of the situation: 

BoAKD OF Home Missions of the Pkesbytehiax Chukch, 

Missiox House, 23 Centre Street, 

Neu- York, October 15, 1S79. 

Dear Sir: Haviiitr returned from a special visit to the native tribes in southeastern 
Alaska, we take pleasure in oomplyinu; with your request of last winter that we 
should send you some report of our imj)ressions. We visited Sitka, Fort Wi'angell, 
the coast alon<i; Prince Frederick Sound, and up the Stickeen River, also Tonsrass and 
the British schools at Fort Sim])son and Metlakatla. We also saw representatives of 
several other tribes visitin<r at Fort \Vran>j:ell. We were ag:reeably surprised at the 
l)rojj;ress those people have ma<le in civilization as compare;! with the Indians of Col- 
orado, Wyominji, and Dakota. \Vc found them industrious and easily <j:overned. 
We found them serving as deck hands, i)ilots, and cc^oks on the small river steamers 
that ply on the Stickeen. They manifested an eagerness to learn and improve their 
condition in life that is very commendal)le and ought to be encouraged. 

From Dixons Iidet on tiie south, for oOO to 400 miles along the coast to the head 
of Lynn Channel, the several tribes, with but one exception, sjieak a common 
tongue, the Thlinket, which will be of great advantage in any effort to establish 
schools. The exception siK)ken of is the Hydah tribe that have a language of their 
own. The Tongass and Hydah in the south number al)Out 1,200; the Stickeens, 
about 1,000; the Kakcs and Kous, about ollS; the Awks, (UO; the Takoos, 500 or 
600; Chilkats, 1,000; Hootchenoos, 666; Hoonyahs, about 1,000; Sitkians, 721, with 
scattered ones making al)out 7,000 speaking the Thlinket tongue. We have already 

"For full report see Senate Ex. Doc. No. 80, Forty-seventh Congress, first session. 



AMERK^AN OCCUPATION, 



489 



stabli^heil schools at Fort Wraiiirell and Sitka, and arc arrantiin<j: to establish schools 
iHoHif the ("hileats and llydahs. These schools could he greatly enlarged and 
xtendeil if the (lovernnient woulil aid in the same way that it is doinij; anionij the 
ndian schools of the Territories. The few thousand dollars judiciously spent now 
1 triviuir that jieople an elenientary education and instruction in the industries will 
ive hundre<ls of thousands of dollars in future wars. We t\)und a very stronj; desire 
mono: the natives we met for the estal)lishment of schools anionj,' their several 
I'ibes. 

Knowing your great zeal to elevate the masses and free the oppressed and lift our 
omnion humanity to a higher plane of intelligence and comfort, Ave confidently look 
3 you to take such action as in your judgment will secure Congressional aid in the 
;"hool work among the native races of Alaska. 
Very respectfully, yours, 

Hexry Kend.\ll. 
Sheldon Jacksox. 
Hon. Carl Schukz, 

Secretari/ of tfw Interior. 



Censu.'i of Ah(sl-an Indlanx^ 1<S80. 

[From the Tenth Census of the United States, Vohnne VIII. Report on .\laska.J 

[Pages 31-32.] 



Natives. 



Location. 



hilkhat tribe: 

Yondestuk ; Chilkhat River and Bay. 

Kutkwnthi do 

Kluekqnan do 

Chileoot , Chilcoot River 



Total. 



akoo tribe: i 

Tokeatl's village Takoo River and Inlet 

Chitklin's village ' do 

Katlany's village do 

Fotshou's village do 

takhin tribe: j 

Shustak's village Etholin Island 

Kash's village 

Shakes' village 

Towayat's village 

Kohltiene's village 

Ilinaiihan's village 

Kadishan's village [ do 

Shallyany's village do , 



.do, 

.do, 

.do 

Stakhin River 
do 



•2(59 



317 



[Page 177.] 

The Thlinket tribes are now divided as foUow.s: 

1. The diilkhaat tribe, of Comptroller Bay, numbering 3'26. 

2. The Yakutut tribe, on the coast from Cape Yaktag to Cape Spen- 
er, numbering oOO. 

3. The Chilkhat tribe, living on Lynn Canal, nimibering 988. 
■1. The Hoonyah tribe, on Chichagof Island, numbering JMiS. 

.5. The Khootznahoo tribe, on Admiralty Island, numbering t5(U). 
0. The Kehk tribe, on the Kehk Archipelago, numbering .5t^8. 

7. The Auk tribe, on the northern part of Admiralty Island and 
Douglas Island, numbering 610. 

8. The Takoo tribe, on Takoo River and inlet, numbering 269. 

9. The Stakhin tribe, on Stakhin River and Etholin Island, num- 
)ering 317. 

10. The Prince of Wales Island tribe, numbering ."3^7. 



490 



PAPERS RELATING TO 



11. The Tongas trilie, near British boundaiy, numbering 273. 

12. The Sitka tribe, numbering- 721. 

To these must be added 78S Hyda, closely related to the Thlinket, 
living on Prince of Wales Island. 

Census of Aldxkaii Indians, 1890. 

[From the Eleventh Census of the United States: Alaska, Chap. I. \i. 3.] 

******* 



Villages. 


Total. 


Total 
white. 


Total 
Indian. 


The district 


8,038 


1,738 


5,834 








324 

40 

6 

134 

38 

153 

106 

402 

4 

50 

25 

8 

143 

381 

105 

438 

1,253 

70 

77 

47 

40 

79 

326 

287 

27 

15 

31 

200 

823 

92 

170 

26 

77 

21 

42 

9 

1,190 

42 

17 

11 

316 

308 

85 


1 
13 

5 
18 

9 
73 


323 


Bartlott Bay 










91 




29 


Chilkat 






106 




3.56 
4 
6 
5 


26 


Fish Biiv 






43 




20 




8 






143 






381 




11 

2 

671 


90 




434 




.527 




70 






77 




1 

9 
44 

3 
18 

8 


46 




26 




33 




320 


Klawak . 


261 




19 




15 




3 
27 
4 
3 
17 


28 




120 


Metlakahtia 


817 




89 


Point Ellis . 


115 


Pvbus Bav . . 


26 




37 
1 
3 
6 
280 
1 
4 
4 

71 
7 

13 






20 




38 






Sitka 


861 




41 


Tolstoi Bav 


13 




7 




228 




300 


Yess Bav 


43 







Gold ledges have ])een found on Salmon, Leman, Glacier, and Mon- 
tana creeks, on the mainland north of Juneau, and although some 
appear to be valuable none have been developed beyond the prospect 
stage. The gold (]uartz veins in the vicinity of Berners Bay have been 
worked somewhat in the last two or three years, and some rich ore has 
been found on a number of claims. A village with the high-sounding 
title ''Seward City" was started in ISHO near Point Sherman, and a 20- 
stamp mill is to be built on the Comet property in 1892. A nam])er of 
small mills could ])e profitably worked in that vicinity. 

***** * * 

The Chilkat Canning Company and the Chilkat Packing Company 
have establishments on the east side of the inlet, and the Pvramid 



AMERICAN OCCUPATION. 491 

Harbor Packing Company has a plant on the opposite side, about 2 miles 
iistant. 

The last two companies combined after the season of 1890, and durinjjf 
the season of 185)1 the latter cannery was closed and the Pyramid 
Harbor cannery was operated, oiitputtino- ^H.UOO cases. Sixty white 
tishermen, at 8 cents per fish, were employed. Twenty-five C'ohimbia 
lliver l)oats and the same number of ^ill nets were employed in fishing-. 
Fwo steam tugs of 11 and 7 tons net are used for towing. Two wire 
tish traps of the ordinary kind were also used in fishing-. Forty -five 
[Jhinese were employed in packing, at 16 cents per case. In addition 
to wages, all the emplo3^ees receive free transportation from San 
Francisco to the cannery and return. The Chilkat Canning Com- 
pany packed 20,000 cases in 1891. Fifty-five Avhite fishermen were 
employed at ^35 per month and board, and a bonus of 2 cents per fish. 
Fwenty Columbia River boats and the same number of gill nets were 
Lxsed in catching- fish. A steam tug of 80 tons gross is used for towing. 
Forty-seven Chinese, at 18 cents per case, were employed in packing, 
[n addition to wages, all employees receive free transportation. 

The fishing and packing season at these canneries begins about June 
15 and ends Septem))er 30. The silver salmon, weighing 8 or pounds, 
is the best and most plentiful variety of salmon frequenting these 
ivaters; there are very few tyee or king salmon. The fish are taken' 
in (Jhilkat Inlet chiefiy, and in Chilkoot River. 

The natives do not permit the whites to fish in the streams. From 
^10,000 to ^15,000 is paid to natives each season, nearly all of which 
is for fish, at 10 cents each. A few natives are employed by the Chilkat 
Canning Company as can fillers and fish cutters, but are not satisfactory 
svorkmen. A consideral)le number of natives were formerh^ emploved 
IS boatmen, but their work was not satisfactory, and whites are now 
employed in their stead. Each cannery has a store in connection, the 
trade being almost entirely with the employees. On the east side of 
the inlet, near the Chilkat Canning Company's cannery, are 3 trading 
stores and 2 saloons. The permanent white population of the village 
does not exceed 25. The Chilkat tribe of 80() Thlingits has 1 perma- 
nent villages: Klakwan. the largest, is on the Chilkat River, 25 miles 
from the mouth: Kakwaltoo is a small village 2 miles south of Klakwan; 
Hindasetukee. at the mouth of Chilkat River, and Chilkoot Mission, 
on Chilkoot River, about 1 mile from the white village of Chilkat. 
Probably 200 natives live in cabins near the canneries during the 
summer months. There is a small summer fishing village at Chilkat 
Lake. A trading station has been established at Taku Inlet, and a 
number of Chilkats and Indians from the interior are transient residents 
there. 

The Chilkats are prosperous, enterprising, and independent. They 
are chiefly occupied in catching and selling fish to the canneries and in 
trading with the Stick or interior Indians, with whom they exchange 
i-alico, ])lankets, guns, ammunition, etc., for silver-gray, cross, and red 
fox, black and brown bear, beaver, marten, mink, lynx, wolverine, land 
otter, and a few other skins. The Chilkats have until recently monop- 
olized this trade, not allowing the Sticks to trade with the whites. 
Nearly all of the skins purchased by the white traders at Chilkat and 
a large part of those purchased by the Juneau fur dealers are procured 
from these native middlemen, the Chilkats. There is not much demand 
for native labor at $1.50 per d'AV. About 50 miners outfit at Juneau 



492 PAPERS RELATING TO 

eveiy spring and go into the interior of Alaska via Taku Inlet and 
Chilkoot Pass. From the head of the inlet over the pass to Lake Lin- 
derniann is 23 miles. Many of the miners employ Chilkats to pack 
their outfit over the distance, pa3'ing $13 per hundred pounds for the 
service. 



Stateriient froiK the CoiiDiu-ssioiier of the General Land Ojfice. 

In the Annual Report of the Commissioner of the General Land Office 
for 1869, paoe 2(>1, the Commissioner r<H'onmiended that the United 
States public land system be extended by legislative authority to Alaska. 
The following- extracts are taken from this report: 

"The United States Territory on the North Pacific or the Russian 
purchase known as Alaska: Five and a half degrees north of Wash- 
ington Territory, sepai'ated therefrom by British Columbia, lies Alaska, 
the new territory acquired from the Russian Government by the treaty 
of March 30, IStiT. extending from north latitude 54-^ 40' to the Arctic 
Ocean, bounded on the east by British America and on the west by the 
Pacific Ocean, Behring Sea, and Behring Strait. 

'"The laws of the United States relative to customs, conmierce, and 
navigation were extended over this region by act of Congress approved 
July 27, 1808, and provision was thereby made for the collection of 
the national revenue, but the territorial organization has not 3'et been 
consummated nor has provision been made for the recognition of indi- 
Aidual possessory rights to any part of the lands, town or harboi' sites 
of this portion of the public domain. In order that the residents of 
this section of our country may be granted the same privileges con- 
ceded to settlers elsewhere upon our public hinds, it is recommended 
that the United States public land sA'stem be there extended ])v legis- 
lative authority, in order that encouragement may be given to the 
proper husbanding and development of the resources of the countr}'. 
-X ***** -s- 

"The area of lands in Alaska which can be disposed of to settlers 
under the United States land system, for agricultural purposes, has 
been estimated by high authority at 2(»,(M)0 square miles, or 12,8(10,000 
acres, with a probability of its exceeding rather than falling .short of that 
amoiHit. This area would furnish under the operation of the preemp- 
tion and homestead laws homes for more than 150,<)0<> families with 
profitable occupation in the cultivation of the soil. Besides this agri- 
cultural capacity there will necessarily be many town and harbor sites 
to be disposed of by the Government, situated upon lands valueless 
for other purposes than the accommodation of commercial and fishing 
interests. The Government will also be called upon to convey titles 
to mining claims, there being tracts in Alaska known to contain ores 
of gold, silv(n', iron, copper, and coal. 

"Under the Russian occupation of Alaska the fur and fishing 
monopolies virtually controlled the country, and other possible 
resources, such an mining, agriculture, and manufactures, were sub- 
servient to the interests of those monopolies. This explains the 
neglect of the mines, and is the reason wh}' the country was not culti- 
vated further than what was necessary in raising the few vegetables 
absolutely recjuired by trappers and fishermen. A new era is already 
opening in this region through American enterprise. 



AMERICAN OCCUPATION. 493 

""The existence of extensive deposits of oold in vsirious interior 
sections of this Territory has ])een for some time past an established 
fact, the reports of travek'rs all uniting- in this respect. Since the 
American occupation miners have l)een known to realize from $2 to ^7 
p?r day in placer mining- on the Stlkine River, the placer detritus 
beino- considered, from the specimens obtained, sure indications of 
rich beds of ore in the hills and mountains. 

"A party of explorers started etirly last season from Oregon for the 
Skena River, and were foi' some time supposed to have been lost in 
Queen Charlotte Sound; but the American consul at Victoria, Van- 
couver Island, subsequently announced their safety, statino- that the}^ 
had found a rich gold tield in the vicinity of the Tequo River, where 
in lumps they were picking- up the precious metals. This information 
was credited in Sitka, and every available vessel was reported to have 
f)een brought iiito requisition to convey adventurers to the place. The 
finding- of gold in valuable quantities on the Stikine River, which is a 
large stream running through the southern portion of Alaska just 
north of the boundary line, and rising in British Columbia, has been 
t'requentlv reported from the times of the earlist travels in tiiat region 
iown to the present. 

*• The interest in the gold mines of the territory seems to be increas- 
ing as new developments are being- made, and miners are known to 
have left the gold tields of the Rocky Mountains and the Sierra Nevada 
in view of the inducements furnished by the mines of Alaska. Geol- 
Dgists have reported the existence of large deposits of silver and cop- 
per ore in this territory and almost inexhaustible beds of iron ore, 
t)ut mines of these metals have not yet been worked to anv extent." 

By act of May 17, 1884 (i!3 Stats., 24), '^An act providing civil 
iiovernment for Alaska." Alaska was created a land district, and a 
Cnited States land office for said district was located at Sitka. The 
commissioner residing at Sitka, provided for ])y said act, was made 
?x-officio register of the land office; the clerk of court, provided for 
by the act, was made ex-officio receiver of public moneys, and the 
United States marshal, provided for by the act, was made ex-officio 
nirveyor-general. The United States mineral laws were extended to 
>aid district, " subject to such regulations as may be made b}- the Sec- 
retary of the Interior, approved by the President." 

July 28, 1885, mining- regulations were made for the District of 
A.laska by the Secretary of the Interior and ai)proved by the President. 

February 7, 1885, the local by-laws of the Harris mining district 
sN'ere filed with the ex-officio register. These by-laws were enacted 
it a meeting- held by the miners October 4, 1880. The district was 
lescribed as follows: 

The mouth of the Taro River on salt water to a river named Sahiion River North, 
md thence running inland fifteen miles along the coast range, the whole consisting 
if three large creeks or rivers north of the mouth of the Taco River, the first named 
^heep Creek, middle or center named Gold Creek, and the third named Salmon 
River, and all the tributaries, the middle creek or river named Gold Creek is our 
liscovery and field of operations. 

At a meeting of the miners held February 9, 1881, the Harris mining 
listrict was defined as follows: 

Commencing at Auk Indian village and running northeast, "true," to the ])ound- 
iry line of Alaska and British Columbia, thence along said boundary line to where it 
ntersects the Takou River, thence along down the Takou River and Takou Inlet to 
Stephens Passage, thence along the Stephens Passage to point of l)eginning. 



494 PAPERS RELATING TO 

From the by-law.s the following- extracts are made: 

Hakrisbi'kg, Febraarij 9, 1881. 

An adjourned nieetins of the miners of Harris district was convened at the house 
of P. :McGlinchy at 12.30 p. m. 

Tlie minutes of the previous meeting were read and approved. 

The following preamble and resolution was then read by T. A. AVilson, and passed: 

"Whereas none but bona fide American citizens have a right to participate in mak- 
ing laws for the government of American citizens, and but few of those present being 
able to prove their citizenship: therefore be it 

^'Bi'solred, That as a proof of citizenship all persons wishing to participate in this 
meeting be required to make oath to the same before an officer competent to admin- 
ister oaths. ' ' 

The following resolution was then passed: 

^ ' Hesol red , That it is the wish of the miners present that Lieut. Commander C. H. 
Rockwell, U. 8. Navy, be requested to administer the oath that they are citizens of 
the United States to those present who desire to take the same." 

Lieut. Commander C. H. Rockwell then administered the following oath to the 
following-named persons: 

* * * * * * * 

The committee appointed at the previous meeting to draft a code of law's for the 
government of this mining district presented the following preamble and laws, which 
were adopted:' 

Whereas valuable mines liaving been discovered by Richard Harris and Joseph 
Juneau on the mainland of Alaska, during the month of October, 1880, and no legal 
code of local laws having been made, the miners residing near these discoveries now 
think it prudent to have a code of local laws in accordance with the custom of miners 
and the laws of the United States, do now enact the following articles: * * * 



Abstract of in'meral locations in the vicinity of Lynn Canal^ 1885 to 

1895. 

Name: Berners Bay Lode. 

Locality: On the easterly side of Berners Bay and opposite to Point 
St. Marys. 

Date of location: May 30, 1885. 

Date of registry: June 3, 1885. 

The above-named lode, being- Sitka, Alaska, M. E. No. 70, was pat- 
ented Feb3\ 10, IJJOO, under mineral patent No. 32093, United States. 

Name: Northern Light. 

Locality: On east side of Lion Head Mountain, about three miles 
west of Berners Bay. 

Date of location; June 30, 1886. 

Date of registry: August 9, 1886. 

The above-described claim and the adjoining Northern Light Exten-, 
sion No. 1, or Emma, and Northern Light Extension No. 2 lodes, 59.19 
acres, Sitka, Alaska, M. E. No. 86. were patented December 10, 1902, 
under mineral patent No. 36096. 

Name: The Kensington. 

Locality: Al)out twelve miles north of Berners Bay, up Lynn Chan- 
nel, about three miles from the ])each and what is known as Seward 
City. 

Date of location: October 10, 1886. 

Date of registry: November 22, 1886. 

Copy of location notice of the Kensington lode claim, which, with the 
Yellow Jacket, Eureka, Northern Bell, and Elmira lode claims, 93.27 
acres, being Sitka, Alaska, M. E. No. 47, was patented March 15, 1895, 
under mineral patent No. 25362. 



AMERICAN OCCUPATION. 495 

Name: Baiinci- Lode. 

Locality: On the extreme rioht-luuul i)roiio" of Maple Creek, look- 
no- towards the head. 

Date of location: Aiigiist J 3, 188(1. 

Date of reg-istrv: April 21, 1887. 

The above-named l^anner lode, tooc^ther with the Seward, Seward 
SIo. 2, CiimlxM'land. Comet. Thomas, Poor Richard, Comet Extension, 
">now Flake. Last Chance, and Eclipse lodes, and the Seward No. 2, 
Jumberland. Thomas, and Comet Extension mill sites, containing- 217.01 
icres, being- Sitka M. 9, No. 4(), was patented Aug*. 1, 1894, under 
iiineral patent No. 240()<). 

Name: Northwest Quartz Ledge. 

Locality: Situated on the east side of Lynn Canal, about 10 miles 
lorth of Berners Bay, on the southwest side of JSIount Sherman. 

Date of location: August 4, 1890. 

Date of registry: August 21, 1890. 

The above claims, and also the Esmeralda mill site, containing 42.54 
icres. being Sitka, Alaska, mineral entry No. 49, were patented 
A.ug. 1, 1894, under mineral patent No. 24662. 

Name: The Hartford. 

Locality: Situated about 7,000 feet from the northeast shore line of 
Lynn Canal and at the foot of Mount Sherman. 

Date of location : August 6, 1892. 

Date of registry: September 23, 1892. 

The above lode claim, being Sitka, Alaska, M. E. No. 48, was pat- 
Mited Aug. 1, 1894, being mineral patent No. 24661. 

Name: Hope Lode. 

Locality: About a mile from Nowell's wharf, on the north side of 
Lynn Canal, and about one mile NE. of Nowell Mill, situate in the 
'Impregnable Basin.'' 

Date of location: September 5, 1895. 

Date of registrv: September 14, 1895. 

The above claiiii and the adjoining Hope No. 2 lode, survey No. 570, 
ire embraced in M. E. No. 6, Juneau, Alaska, series, and has not been 
:)atented. 



District of Coluinibia, City of Washington., ss: 
Sheldon Jackson, being duly sworn, deposes and says: 
That he is the United States general agent of education in Alaska, 
md has been familiar with that Territory and its atiairs for the past 
;wenty years: that immediately after the passage by Congress of the 
j-eneralact of 1884 establishing a civil government in that Territory 
'he Rev. Eugene S. Willard, in charge of the Presbyterian luission 
it Haines, on the Chilcoot Inlet at the head of Lynn Canal, made a 
■iurvey of the mission reservation at the said Haines, consisting of ^640 
icres," in accordance with the provisions of section 8 of the act of Con- 
gress of May 17, 1884, and that the said Willard sent the papers con- 
stituting the survey to deponent, who was then stationed at Sitka as 
niperintendent of "^the Presbyterian mission in Alaska; that these 
capers were deposited by deponent with the acting recorder of the 



496 



PAPERS RELATING TO 



Government land office at Sitka, who delivered to deponent a certifi- 
cate of the record, which he (the dei)onent) forwarded to the said Wil- 
lard. And disponent further says that he has not seen such certificate 
since its transmission to Mr. Willard. who severed his connection with 
the mission in the autumn of 1885. And deponent further says that 
in the year 18i»4 the building known as ^ The Castle *" at Sitka, in which 
were deposited the records of the land office, was burned and the con- 
tents thereof totally destroyed. 

Shei.don Jackson. 

Subscrilied and sworn to before me this 17th day of April, l!>()3, 
and I further certify that deponent, who is personally well known to 
me, is a credible witness. 

[seal.] Wm. H. De Lacy, 

Xotrn'u Puljlie in andjor the District of Colwiihia. 



LIST OF POST-OFFICES IN SOUTHEASTERN ALASKA. 

TJiv Ivstinastc)'- General to the Secretary of State. 

Office of the Postmaster-General, 

Washington, I). C, April 8, 190J. 
Sir: I send you herewith a list of the post-offices established by this 
Department in southeastern Alaska, with the dates of establishment. 
Verj' truly, j'ours, 

R. J. Wynne, 
Acting Postmaster- General. 
The Secretary of State, 

Washington, D. C. ' 



List of poKt -offices ill soatheasteni Alaska, with dates of estahlishnient. 



Post-office. 



Date. 



Chomly June 23, 1900 

Coppermount Julv 3,1900 

Dolomi June 30, 1900 

Douglas ' Sept. 28, 1S87 

EUamar i Aug. 18,1900 

Funter Julv ' 3, 1902 

Grindall ! Juiie 23. 1900 

Haines July 22, 1882 

Helm Bav (discontinued Dec. 18, 

1902) ..." : Dec. 24, 1901 

Hollis lulv 9,1901 

Hoonah Feb. 15,1901 

Jackson July 24,1882 

Jualin Aug. 2,1901 

Juneau (late Harrisburgh) Jan. 10,1882 

Kasaan ; ; Jan. 24,1900 

Kayak Aug. 17, 1900 

Ketchikan Mar. 4,1892 

Killisnoo Sept. 23,1884 

Klawock Sept. 21 , 1882 

Loring Sept. 10, 1885 



Post-office. 



Date. 



Metlakahtla ' Apr. 20, ]S88 

Niblack Sept. 9, 1901 

Orca : Julv 23. 1894 

Petersburg Jan. 24, 1900 

Porcupine ^ June 12,1901 

Rodman I Julv 1,1901 

Scalevel Feb. 2.1900 

Shakan Mav 14,1886 

•Sitka lulv 23,1867 

Skagwav Nov. 10, 1897 

Snettisham Apr. l.s, 1900 

Sulzcr lunc 27, 1901 

Sumdum Sept. Iti, 1897 

Tonka I Mav 29, 1902 

Tread well Dec. 24,1901 

VVoedskv Dec. (1,1901 

Wrangcil (late Fort Wrangell) Feb. 18,1902 

Yakutat , Sept. 14, 1897 

Fort Wrangell Oct. 6,1869 

Harrisburgh I Apr. 8,1881 



AMERICAN OCCUPATION. 497 

VISIT OF SECRETARY SEWARD TO ALASKA. 

[From life of William H. ycwiuxi, by Frederick W. Sewjird, New York: 1891.] 

CiiAi'TER Lxiy. 

1869. 

L Trip to Alaska. — The Acllre — On the Pacific — Straits of Juan de Fuca — Vancouvera 
Island — Victoria — An Excursion up Puget Sound — Olynij)ia — The San Juan 
Question — Nanaimo —Forest Fires— The Gulf of (icorgia— (^ueen Charlottes 
Sound — The Inland I'assage — An Archipelago of a Tliousand INIiles — Lost in a 
Maze of Islands — An Indian Pilot — "The Queen of the Hydahs" — Chatham 
Sound — Alaska Waters and Forests — Sitka — Its Houses and People — General 
Davis — Where Two Sundays Come Together — The Russians — A Visit to the 
Chilcats— The "Great Tyee'"— Total Eclipse of the Sun— A Tribal Ciathering— A 
Treaty of Peace — The Coal Mines of Kootznahoo — Old Shipmates — The Salmon 
Fishery — A Parting Address at Sitka — The Future of Alaska — Fort Wrangell — Up 
the Stakeen — Fort Tongass — Return to Victoria. 
* * * * * * * 

[Vol. HI, page 4-J4.] And now. once more on l)oarcl the Active, 
leward and hi.s party proceeded northward, thi.s time accompanied bj'" 
leneral Davis and his statf. Some of the friendly Sitka Indians acted 
s pilots, and the destination was the Chilcat River, the headquarters 
if the formidable tribe recently engaged in hostilities with the troops, 
^hey had expressed a desire for peace and friendship, and this visit 
n the Active woidd give the general an opportunitv to reciprocate it. 
besides, as he laughingly told the ex-Secretary, he looked to him for 
aluable assistance in the negotiations. The general, in talking with 
he Indians, had given them the news that a scientitic expedition, sent 
lit from Washington to observe the total eclipse of the sun, was com- 
ng among them, and, also, the great ^''Tyee'' (or chief) who had 
•ought the whole territory was coming to make it a visit. It had not 
ccurred to him that the Indians' understanding of the fact would be 
itierent from his own. But he soon found that, to their simple 
linds, it meant the advent of a sovereign owner of the soil. The}'' 
ould not understand how a great '"Tyee"" could buy Alaska and then 
ot own it. The}' were expecting to welcome him with great respect, 
nd to receive favors at his hands. As for the eclipse story, they 
eccived that with some incredulity, but thought it had some connec- 
ion with the visit of the great ''Tyee.'" 

Around loftv Mount Edgecumbe, through Peril Straits, to the har- 
lor of Kootznahoo, was the first cW's sail. It was through the same 
triking scenery of forests, islands, and towering peaks, and laby- 
inthine channels already grown familiar, but it differed in being 
ccompanied now with rain and fog and mist, the sun only peering out 
ccasionally and then withdrawing again. Waterproofs and umbrellas 
rere in demand on deck, for no one wanted to remain l)elow. 

Two days were spent in the cruise through the mountain scenery of 
'hatham Strait and Lynn Channel, with a few hours' pause, to look 
t the glittering cliffs and precipices of ice. which constituted the foot 
f an enormous glacier, gradually crumbling into the sea, while its 
ongealed mass could be seen stretching far away up into the mountain 
avines. 

At evening on the 5th a long range of snowy peaks came in view 
hief among them the gigantic rounded top of Mount Fairweather 

21528—03-^39 



498 PAPERS RELATING TO 

Mount St. Elias, highest of all, forms part of the same range, but was 
too far to the westward to be visible from the steamer, being hidden 
bj'' the intervening peaks. 

Anchoring at the mouth of the Chilcat River, comnuuiication was 
opened with the Indians, who resembled the Sitkas, but spoke a dif- 
ferent language. The ''Chinook'"' jargon, however, serves for inter- 
course with all. Several canoe loads came off to visit the shi}), and 
some of them readily consented to take a message up to Mr. David- 
son, who was in the command of the Coast Survej" pai't}' and had estab- 
lished his camp farther up the river, at the best point for observing 
the eclipse in its totality. 

The Indians were as good as their word, and returned on the follow- 
ing day with a letter from Mr. Davidson describing his position and 
referring to information obtained there about a region over the hills 
to the northward where there was ''a dry climate," "no forest," "a 
mountain of iron" and other mineral deposits. He invited the trav- 
elers to come up to visit his camp, and the invitation was accompanied 
bj^ one from the Chilcat chieftain, who sent canoes to aid the ship's 
boats in bringing them. 

The excursion party was soon made up, Seward, General Davis, 
and others going in one of the Actives boats. Pulling rapidly up the 
river, they soon lost sight of the steamer as she came cautiously along 
behind them, feeling her way with the lead in unknown waters. A 
few" hours sufficed to bring them to their destination. They were 
heartilv welcomed on shore by Mr. Davidson and b}" the Chilcat chief, 
who had placed one of his great lodges at the service of the scientific 
party and another at that of the "Great Tyee " and the "General." 
Here they supped upon fresh fish and game, cooked at the blazing 
fire in the center of the lodge, and passed a comfortable night with 
semicivilized, semisavage surroundings, wrapped in bearskins and 
army blankets. 

[Here follows an account of the eclipse.] 

Shortly l)efore the time appointed for returning on board, the 
Chilcat chief invited his guests to come to his lodge, to meet the prin- 
cipal people of his tribe. The assemblage numbered two or three 
hundred. The chiefs, of greater or less degree, the warriors, the 
medicine men, and the women, stood in grave, passive rows, all around 
the sides of the building, the chief (Klakautch) and his guests being- 
seated in the center. 

The latter had not quite understood whether this gathering was for 
a formal and cercMnonious greeting or for some other purpose. They 
were not left long in doubt. 

As soon as all had assembled, Klakautch rose and uttered a few em- 
phatic sentences, which the interpreter proceeded to translate: 

"Some time ago the Kalosh (Sitka Indians) killed three of the Chil- 
cats. Now the Great Tyee has come, we have gathered to ask him 
what is he going to do about it^ " 

So sudden and direct a demand seemed to require a categorical an- 
swer, and Seward had never heard of the case. He asked: 

" When did tliis killing take place?" 

Question and answer were translated by the interpreter. The date 
was given in Indian fashion, reckoning by "suns" and "moons." It 
appeared that it happened nine or ten years before. 

"Then it happened,'' Seward replied, "when this country belonged 



AMERICAN OCCUPATION, 499 

to the Emperor of Russia — loiio- ])cf()rc it hecuine the property of the 
United States, lie was a threat sovci-cioii, who listciMnl to the Iiulians 
ind treated them with kindness. This demand shoidd have been made 
to him." 

Evi(Umtly this reph' was not at all satisfaetor}-. The chiefs consulted 
together, and presently their answer came back through the inter- 
preter: 

" We did appeal to the Emperor of Russia, hut lie gave us no redress. 
Perhaps he was too poor. We know he was ]iooi-, Ix^cause he had to 
sell liis land to the Great T3'ee. But now the (ireat Tyee himself is 
here in his stead, and we want to know what he is going to do al)Out 
it?" 

Seward conferred with (Jeneral Davis and then asked: 

"How many men were murdered':?" 

"Three," was the answer. 

"And what sort of redress do j^ou yourselves desire?" 

There was visible brightening up in the faces of the Indians at this. 
They consulted as l)efore. and presently caiue their response: 

"A life for a life is the Indian law, and always has l)een. But as 
these three Chilcats were of the chief 's family, we reckon each of their 
lives to be equal to the lives of three common Indians. What we want, 
then, is the great 'Tyee's' permission to send our warriors down to 
kill nine of the Kalosh (Sitkas), in order to avenge the death of the 
Uhilcats." 

To this Seward replied with promptness that it was not to be thought 
of. No killing would be allowed. He then asked: 

"Is there any other form of reparation that you think might be 
made ? " 

The faces of the Indians beamed with satisfaction when this was 
translated to them. It began to look like l)usiness. They consulted 
as usual, and answered: 

""We know that the ' Boston men' are averse to any killing, except 
by their own soldiers. So we have sometimes consented to take pay 
in blankets. We think that the life of each Indian is worth about four 
blankets. Nine times four blankets, if the great T3'ee chooses to 
^ive them to us, would be full redi-ess, and make our hearts glad; and 
we should henceforth regard the Kalosh (or Sitkas) as our friends and 
brothers." 

"Well, General," said Seward, "there you have the conclusion of 
the case. I think you can aflord to give them 86 blankets to make 
peace between the tribes. Shall I tell them you will send them up?" 

The General w^as very well pleased, as this would end the last of the 
Indian disputes and establish peace throughout the Territor3\ He 
thought it advisable, however, to give the adjustment greater solem- 
nity and effect by requiring the C'hilcats to appoint commissioners to 
proceed to Sitka and there receive the blankets for their tribe and 
exchange tokens of amity with the Sitka Indians. 

This arrangement proved higly satisfactory all around. The Chil- 
•ats, who hitherto could not safely venture into the region occupied 
b}- their enemies, were glad of an opportunity to visit Sitka, see its 
svonders, and make friends with its Indians. So the meeting broke up 
with mutual congratulations. The climax was added to the general 
rejoicing, w^hen the Chilcat chiefs were invited to row down to the 
Active, and dine there with the General and the great Tvee. 



500 PAPERS RELATING TO 

Toward ovenino- a picturesque sig-ht was seen from the Active s dock. 
Round the bend of the river a flotilla came sweeping- down stream, the 
ship's boats leading with measured strokes; then the boats bringing 
the Coast Surve^v party, with their ec^uipage and baggage, and behind 
and around them all the brightly colored and ga^ly decorated canoes 
of the Chilcats. Arrived on board, the stewards and cook went busily 
to work to meet the responsibilities imposed upon them; and soon a 
banquet was spread, bewildering in its variety considering the limited 
resources of the ship's larder and the Sitka market, and lavish in its 
quantity, since all who were to partake of it were blessed with good 
appetites. The cabin was too small to accommodate the whole corn- 
pan}", but it w^as entirely in accordance with Indian usage that the six 
chiefs should sit at the cabin table, while their wives and attendant 
warriors gathered on deck round the open skylight, through which 
the viands were passed out to them, wdiile they had full view of the 
proceedings below. 

The chiefs had, for the most part, discarded savage ornament and 
wore such clothes as white men — Klakautch especially astonishing his 
hosts b}' appearing accurately attired in a neat suit of black broad- 
cloth. On deck there was merriment with the feasting, in the cabin 
all w^as grave and decorous, with little conversation, until the princi- 
pal courses had been disposed of. 

After the exchange of various information about the territor}- and 
the Government. Seward inquired if there was anything further that 
the chiefs w^ould like to ask. The}" consulted, according to their 
wont, and presently answered, through their interpreter, that they^ 
W'ould like to have the great Tyee tell them about the eclipse. 

Seward accordingly proceeded to explain the phenomenon in the 
simplest language possible, using as iUustrations the caliin lamp to 
represent the sun, and an orange and an apple to represent earth and 
moon. When he had finished, he inquired if the chiefs had under- 
stood his explanation. 

After conference, as before, the replv came back: 

"The chiefs have understood much, though not all, the great Tyee 
has told them. They understand him as saying that the eclipse was 
produced by the Great Spirit and not b}' man. Since he says so, they 
will believe it. They have noticed, however, that the Great Spirit 
generally does whatever the 'Boston men' want him to.'' 

With this shrewd comment on ethics and astronomy the feast ended. 
After an exchange of little gifts, as tokens of remembrances and amity, 
and with cordial salutations, the Chilcats embarked in their canoes. 
Captain Dall gave them a parting salute with rockets and blue lights, 
to which, as soon as landed, they responded ])v a feu de joie from the 
shore. 

Before da^dight the next morning the Active had weighed anchor 
and was retracing her course southward. Diverging from it again 
toward the har})or of Kootznahoo, she paused there long enough to 
allow a visit to the coal mines reported to exist in its vicinity. 

-X- * * * * * * 

On the morning of the llth the Active was heading southward 
through Chatham Straits and the ''Inland Passage," accompanied by 
the LincoJn. A day later the two steamers were at anchor oil Fort 
Wrangell, at the mouth of the river Stakeen. A salute frojii the ram- 
parts of the fort welcomed his arrival, and then he accompanied the 



AMERICAN OCCUPATION. 501 

commandant of the post in a walk throuoh the fortifications and bar- 
racks and the roadways of the in('i])ient town. 

The Stakeen River was the oidy point l)esi(les Sitka which had yet 
attracted any immioration. Tlic accounts of o()ld found in the upper 
waters had brought a yood many miners from California and Oregon. 
Here Seward, accompanied by some of the officers and passengers, left 
the ship for a boat excursion of two da^^s up the rixer as far as the 
boundary line betw^een Alaska and the British dominions. It was a 
picturesque and instructive trip through the mountain passes, and 
enal)led them to gain an idea of the nature of the climate, soil, and 
products of the interior region, difi'erent in many respects from those 
of the archipelago and coast. 

Once more on board the Actire^ the next visit was to Fort Tongass 
another of the Alaska militar}- posts. 

* * * * * * * 

And now cam.e the day of final farewell to Alaska. The Lincoln 
accompanied the Active to the line of British Columbia and gave her 
a parting salute as she steamed over to Fort Simpson. From here the 
return voyage through Grenville Channel and Queen Charlottes 
Sound, past Bella-Bella and Fort Rupert, and through the straits and 
channels of Vancouvers Island, was like the upward one. This time, 
however, the smoke of burning forests was gone and onh^ an occa- 
sional sea fog in its place. 



THE TLINKIT INDIANS OF SOUTHEASTERN ALASKA. 

From the Tlinlit Indians^ J»j Dr. Aurel Krause-Jena, 1885. 

[Translation.] 

Page TO.] 

With American domination a new spirit began to pervade the land, 
exercising a destructive efi'ect on the individuality of the native tribes 
which had thus far remained rather unchanged. The Russians living 
among the natives had been accustomed to adapt themselves to their 
customs and manners as well as their mode of life, and, as Vancouver 
remarked, they differed little from the natives. The Americans, how- 
ever, who, seeking their fortunes, poured into the country, cared very 
little for the manners of the Indian population, and regardless of the latter 
thev pursued their aims, even when living among them in blockhouses as 
tratlers or gold seekers. It naturally followed that the ancient cus- 
toms, spurned as they were by the strangers, fell into desuetude aiid 
were supplanted by habits and customs of the whites whose superiority 
the natives recognized more and more in proportion to the bold atti- 
tude assumed by the former. The Americans, furthermore, endeav- 
ored more and more ))y various industrial enterprises to develop the 
country's resources and to start up a more active intercourse with the 
Indianthan had been the case during Russian domination. Atdifierent 
points trading posts and canneries of salmon were established, and in 
1SS2 a fish-oil factory at Killisnu. The discovery of auriferous quartz 
strata in the mountains greatly increased the influx of adventurers who 
in quest of the precious metal roamed all over the land and l)y their 
abandoned mode of living exercised a pernicious influence over the 
natives. 



502 PAPERS RELATI"NG TO 

Gold had first been discovered in British Columbia in 1858. In 1872 
the so-called Cassiare mines were found in latitude 50- north, at the 
fountain head of the Dease River, near Lake Dease, the upj^er end of 
which is separated from the Stakhin River only by a few miles of flat 
land. These mines furnished a rich output and gave rise to lively 
intercourse on the Stakhin River, which was shared in b}" the native 
Indians. In 1875 there were 800 gold seekers in the Cassiare mines, 
whose number in 1877 rose to 1,200 — among- them 300 to 400 Chinese. 
On account of the severe winters these miners sought a milder climate 
along the coasts, and hundreds of them regularly stayed at Fort Wran- 
gell, living with Indian wives and passing the time in playing cards 
and drinking brandy. 

In 1871 a former soldier named Doyle discovered gold near Sitka, 
but the search proved disappointing. In 1880 richer gold fields were 
struck near Taku Bay and opposite Douglas Isle. In 1881 there were 
80 gold seekers there, living in 40 log huts, and in the hope of easy 
gain 200 Indians established their wigwams in that neighborhood. 

After the withdrawal in 1877 of the military, leaving no other 
authorities than the customs oflicials, the Tlinkit Indians who had 
been overawed, resumed their former overbearing attitude. Numer- 
ous troubles that arose, and in the settlement of which the Indians 
were favored, led to the belief that more serious outbreaks might 
ensue. They were kept in check, however, by the demonstrations of 
naval commanders in Alaskan waters. Whether the endeavors of the 
Presbyterian missionar}- societies to civilize the Tlinkit and to prevent 
them from going down — demonstrations of force having had the oppo- 
site eliect — is decidedly doubtful. Better results might be looked for 
from the establishment of a lirm government to put an end to the 
present lawless condition. 

THE HOME OF THE TLINKIT. 

Chapter 2, page 75.] 

The Tlinkit territory extends from the tifty-flfth to the sixtieth 
degree of north latitude. The ragged condition of the coast, begin- 
ning north of Fuca Straits, continues to Cross Sound south of the 
fifty-eighth degree of latitude. A great numl)er of larger and smaller 
islands is separated from the continent b}" narrow sounds. 

* * * * * * * 

Especially noteworthy among the sounds is Chatham Strait, which, 
w^th its continuation, the Lynn Canal, extends north through three 
degrees of latitude. 

* * * * * * * 

South of Yacutat Bay the small river Altsech empties into the ocean, 
through the valley of which river the Tschilkat Indians sometimes 
descend to the sea. 

Into the northwestern l)ranchof the Lynn Canal the Tschilkat River 
empties. From its territory several passes lead to the Altseach, to 
Yacutat Bay, and to the rivers that pin to form the Yukon. The lat- 
ter may he reached more readil}^ b}' way of the valley of the Deje 
River, emptying into a bay of the same name and forming the north- 
eastern branch of the Lynn Canal. 

Into Taku Bay, rich in glaciers, the Taku River empties, from the 



AMERICAN OCCUPATION. 503 

valley of which the Indians also pass to the Yukon. The most impor- 
tant, however, is the Stakhin Kiver, which, at latitude 56° 40', empties 
into the Suchoi Canal. 

* * * * * * * 

P. 98.] TRIBES OF THE TLINKIT. 

The most northerly is the Jakutat-kon. It was never very numerous, 
though Chliebnikow reports that in 1805 it numbered 200 warriors. 
The tribe seems to have lived in a sort of dependence on the Tschilkat 
tribe. Russian seafaring- men. Ismailow and Bolscharow, met here the 
chief of the tril)e, Ilchak, whose headquarters were said to be on the 
large river Tscitschat, but who with his retinue came to Yacutat Bay 
every spring in lioats, partly for the purpose of trading and partly in 
order to see his subjects. * * * 

Lately the Yacutats along the coast appear to have pushed on in a 
westerly direction or to have united with another tribe" closely related 
and allied to them, the Ugalentse. Petroff and Jacobson found Tlinkit 
at the mouth of the Copper Kiver. According to an oral report made 
by Jacobson, there are two villages, Tschilkat and Allaganak, inhabited 
b}' Tlinkit, who are dependent on the chiefs in the Yakutat Bay terri- 
tory and in winter usuall}^ return thither. 

******* 

[P. 100.] The Tschilkat-kon, the mightiest of all of the Tlinkit tribes, 
is distributed along the northern end of the Lynn Canal, inhabiting 
four distinct villages. Klakwan, on the Tschilkat River, is the princi- 
pal place, containing 65 houses and from 500 to 600 inhabitants. The 
Tschilkats always enjoyed the highest esteem among the Tlinkit and 
neighboring tribes, and seem to have on that account occupied a posi- 
tion of sovereignity' among some of the other tribes. Chief Ilchak, 
whose name has been mentioned, was undoubtedly' a Tschilkat. Their 
trading expeditions extend as far as Fort Selkirk, on the Yukon, which 
thev destroyed in 1851. Thev have given up trading with Yacutat 

The village, Klakwan, situated as it is above the mouth of the shal- 
low Tschilkat, accessible only by canoes, protected it for a long time 
against the visits of Europeans and at the same time imparted to the 
inhabitants a feeling of safety which manifested itself in a defiant and 
self-conscious attitude toward the whites. 

In 1880 the Northwest Trading Company established a trading post 
on the northwestern branch of the L3'nn Canal, and in the following 
year a mission was opened there. At Klakwan also a missionary post 
was established in 1882, but soon after transferred to Labouchere Bay, 
on the Tschilkat side. 

[P. 103.] The Taku-kon is another of the Tlinkit tribes adjoining 
the tribe of the Aks. The settlements of this tribe are at the entrance 
to Taku Bay and along the Taku River. From their river settlements 
the Taku Indians journey up the river and thence over moderately 
lofty passes toward the Yukon tributaries in order to trade with the 
Indians of the interior, like the Tschilkats. * * * 

Formerly the Stakhin Indians, like the Tschilkats and Takus. carried 
on a lively trade with the Indians of the interior, but this has almost 
entireh' ceased on account of the easy means of gain which the white 
settlers oli'er the Indians. The Stakhins are said to travel overland to 



504 PAPERS RELATING TO 

Fort Simpson in folloAving the course of the Iskut, a tributary of the 
Stahkin River and the Nass River. * * * 

The Klawak tribe is very small, numbering only about 27 heads. 
This tig-ure of the Census Office may, however, not l)e reliable. Their 
village, consisting of a few wretched huts, lies in the interior along a 
winding inlet of many windings and rich in small islands. In their 
vicinitv the Americans have started a salmon cannery. * * * 

Each of the 13 Tlinkit tribes is composed of several families, each 
family having an animal for a coat of arms.' The families comprise 
two groups — the raven group and the wolf group. 

* * * * * * * 

The most important of all the families is the Kagontan, with head- 
quarters at Klakwan, the largest of the Tschilkat villages. This fam- 
ily w^as formerly settled near Ledjanow Promontory, at a place called 
Kaknan. which may possibly be identical with the Gandekan of the 
Hunas. The present chief of the Kagontan family in Klakwan, old 
Tschartritsch, asserted, however, that his ancestors had come over 
from Sitka. 

* * * * * * * 

MISSIONS AND ENDEAVORS OF CIVILIZATION. 

The s\'stem of missions and schools which had been steadily nour- 
ishing in Alaska among the Tlinkit and other Indian tribes received a 
serious check when, in 1867, that country passed into the hands of the 
United States. The Russian schools at Sitka were closed and nothing 
was done by the American Government for the establishment and 
maintenance of new ones. Not until ten years afterwards was there a 
reawakening of missionar}' activity, the Board of Home Missions of the 
Presbyterian Church having taken the initiative in this matter. Simi- 
lar missionary eti'orts, which had been crowned with success during a 
number of years in the adjacent British territory among the Tchimssi 
Indians, lent an impulse to American endeavor, it being of the utmost 
importance to the development of the entire Indian population of the 
northwestern coast in view of the lively intercourse of the tribes with 
one another. 

TRADING HABITS. 

Simpson reports, in regard to the Secatquonays. a Tlinkit tribe set- 
tled near the mouth of the Stakhin River, that they made trips into 
the interior to obtain furs for trading. Three or four times a year, 
it is said, they would go to some place in the interior that had been 
designated as a market place and was about 60 miles (P^nglish) from Lake 
Dease and 150 miles from the seacoast and was inhabited ))y Niharnie 
Indians. These were under a female chieftain, who, in the winter of 
1838-39, kindly received the trader Campbell, who had probabh' been 
expelled from the newly esta))lished trading post l)v the Indians on the 
seacoast. The same female chief occasionally journeyed to the sea- 
shore, and on such occasions was, quite as much as Campbell had been, 
an object of great jealousy on the part of the Secatquonays. 

The Taku Indians likewise carried on in Simpson's time quite a 
protitable trade as middlemen with the inha))itants of the interior by 
ascending the river in canoes for 100 miles (English), in spite of the 
strong currents, and then ])y traveling on foot a similar distance to the 
market place in the interior. 



AMERICAN OCCUPATION. 505 

On returnino; to hi.s home the Tlinkit Indian is In- no nieajis anxious 
md in haste to sell his skins and hides to white traders. >Veeks and 
'ven months pass before he conveys his entire stock to market. He 
loes not care to sell a. quantity of skins at one time, and each skin 
nust be bartered separately, which sometimes takes hours. Several 
;imes one heav}' bearskin was carried the long distance of 8Q kilometers, 
'rom Klotwan to the tradino^ post and back, because no agreement 
'ould be reached as to the price. Sometimes the women do the trad- 
ng-, and are harder to drive a bargain with than the men. Tricker}^ 
s frequently resorted to l)y the Tlinkit, and is considered fair l)v him, 
)ut his artilices are often very awkward. The Tschilkats, for instance, 
•equested during our presence that the Indian wife of the trader Dick- 
nson should not be present while they were bargaining with us, pre- 
ending that she would advise her husband to pay too little for the 
ikins, while the real reason was that her knowledge of the Indian lan- 
'■uage enabled her more readily to detect any fraud they might attempt 
;o practice. 

As every tribe has its own hunting and fishing grounds, so lias each 
ribe its own commercial roads, so to speak. The Tschilkats go up 
;he Tschilkat River, the Tschilkuts by wav of the Deje Pass, and onl}^ 
)X long negotiations can the itinerary be changed. There is also a 
;ort of contract existing between Tlinkit and Gunana Indians, in 
iccordance with which the latter must deliver their skins to a certain 
'ustomer, bv which arrangement they are heavy losers and are treated 
)y the Tlinkit scarcely lietter than slaves. 

[P. 244.] Fernandeste, a chief of the Stakhins, who had been sum- 
noned to attend a trial at Portland, committed suicide on the way, 
3ecause he was worried, it is said, over his destiny. His relatives 
lemanded indemnity of General Howard in 1875, saying that they 
ivould be denounced as cowards for not avenging Fernandeste's death. 
L'o pacify the Stakhins, General Howard gave tliem 10<» blankets and 
surrendered to them the body of the suicide. Subsequently a great 
expedition festival was celebrated by the Indians, in which all the 
ncidents of the affair were symbolically represented. (See House 
Ex. Doc. No. 83, Forty-fourth Congress, first session.) 

MORE ABOUT MISSIONS AND CIVILIZING THE INDIANS. 

[P. 837.] An energetic missionary movement was started in Alaska 
n 187H. Nine Tschinssian Indians from Fort Simpson had come to 
B'ort Wrangell, near the mouth of the Stakhin River, to cut wood for 
:he military post. During their stay they kept the Sabbath regularl}^ 
3y divine service, and were aided in this by the conunandant, who 
conceded a room to them wherein to conduct their service and pio- 
lured hynm books for them. When they were readv in the fall to 
■eturn to their homes, the leader of the Indians, named Clah, and 
<:nown as McKay, was persuaded to remain and to open a school, 
vhich was attended not only by children but by many adults. The 
a^al of these people was so great that one of the soldiers of the fort 
iddressed a letter to Major-General Howard expi-essing the wish that 
5ome society might become interested in the undertaking and send a 
professional teacher to Fort Wrangell. By the publication of this 
etter in all the missionar}^ journals circulated in Alaska a general 
nterest was awakened. 



506 PAPEES RELATING TO 

In 1877 Dr. Sheldon Jackson, b}" direction of the Presbyterian Board 
of Home Missions, visited southeastern Alaska, accompanied b}- Mrs. 
McFarland, also a missionary, who at once assumed charge of the 
school at the fort. The McFarland home for girls was founded dur- 
ing the following year to prevent the sale of girls by their parents to 
gold seekers and traders. The home had 30 inmates, and the school 
connected therewith and in charge of a Miss Dumbar was attended 
by 60 pupils. A church was built in connection with these institu- 
tions, with Rev. S. H. Young as preacher. The large number of 
pupils that came to Fort Wrangell from other Indian tribes Avere 
taught on the shore by Dr. Corliss and Rev. Young. 

Other schools were opened elsewhere and rose to importance, par- 
ticularly in consequence of the assistance and support tendered them 
by Captains Beardslee and Glass, of the U. S. Navv, stationed in 
Alaskan waters. 

Then came the establishment of schools and missions among other 
Indian tril^es of the Tlinkit in southeastern Alaska, in 1880. At Tschil- 
kat, a trading post, a school was opened by Mrs. Dickinson (already 
mentioned elsewhere), which in the following 3"ear was taken charge 
of by Rev. Willard. In 1882 it had 70 pupils. 

In the Tschilkat village Klokwan 60 children were taught in a house 
provided by the Indians, by a half-breed Indian named Paul and his 
Indian wife, who had been educated at Fort Wrangell. 

In connection with the trading station of the Northwestern Trading- 
Company at Gandekan, a Mr. Styles opened a school in 1880 containing 
80 pupils, and in the summer of 1881 Rev. Dr. Corliss opened a school in 
a fishing village of the Taku Indians on the Taku River some distance 
from its mouth. 

The mission field in southeastern Alaska is not, however, entirelv in 
the hands of the Presbyterian Church. The Russian Government 
maintains a priest in Alaska who looks to the interests of the Greek 
Church, the faith of which has been embraced b}' quite a number of 
Indians from various tril^es, and now and then proselytes are made 
everywhere. 

Ahnost all the Tlinkit tril)es are favorable to the establishment of 
missions and schools, if only from sordid motives or from emulation, 
and it is not difficult to persuade them to give their active support to 
both church and school and to keep the Sabbath, except when loss of 
time in fishing would mean the impairing of the means of livelihood. 



I^rorii The Chilcat territory in Alaska^ hy Dr. A. Jfrau-se. (In German 
Geographical Publications., Bremen Geogr. Soc.., 1882.) 

[Translation.] 

[P. 345.] More accurate information regarding the Chilcat territory 
was received through Davidson (United States Coast Survey, 1869; 
Appendix 177), who during the summer of 1869 remained for a 
short time at the lower part of the Chilcat River in order to observe 
a total solar eclipse. He it was who determined the exact location of 
Pyramid Lsland at the mouth of the Chilcat River and of the Indian 
village Kloquan farther up on the same river. 



AMERICAN OCCUPATION. 507 

Since the transfer in 1867 of Russian North America, by purchase, 
to the United States, a throne^ of adventurers, oold seekers, and traders 
in all sorts of ooods has been pouring into southeastern Alaska, the 
Sitka district: but the more remote Chilcat territor}' has only been 
recenth' explored by them. In 1S!S0 a trading- post wasestaljlished on 
the shores of Portage Bay, by the Northwestern Commercial Company, 
and this was followed in 1881, in the same locality, by a mission build- 
ing and schoolhouse by the Presb3'terian Home Mission. At the same 
time gold seekers appeared at the Lynn Canal. From the mines at 
the Feather River, in British Columbia, they had pushed farther and 
farther north in quest of the precious metal. For a decade or more 
the Cassiare Mines, situated beyond the Facitic w^atershed near the 
rise of the Dease River had been alluring to thousands of gold diggers 
who made Fort Wrangell, in Alaska, the base of their inland journe}^ 
and partly also their winter quarters. Now those mines are almost 
deserted, while in 1880 at the southern part of the Lynn Canal, at the 
Gastineaux Canal, between Douglas Island and the continent, gold was 
found in paying quantity, which has resulted in the rise there in the 
primitive forest, of a small gold-digger town, named Juneau, where 
in the summer of 1882 about 300 whites and a number of Indians were 
busy with quartz crushing and washing of the auriferous ore. 

During the last three summers, moreover, smaller parties of gold 
seekers passed from the northern end of the Lynn Canal along the old 
Indian trail, penetrating into the interior as far as the Yukon. During 
the past years there were altogether 2-1 persons, forming three parties, 
some of whom intended to winter in the interior in order to be able to 
start on their journey early the following 3'ear. So far as I know 
these were the tirst white men that reached the Yukon by that route. 
It has been reported, it is true, that the Hudson Bay people, who. late 
in the thirties, lirst entered on the Yukon territory at the Felly River, 
had encountered a coiupany of Russian traders on the banks of the 
Russian lake Tahco (or Kussooa), from which the Lewis River Hows. 
In such a case these traders could have come onh" from the Chilcat 
region or the valley of the Taku River, or maylie by Russian traders 
the report only meant Chilcat Indians (Kaloshs), who had come with 
Russian wares from the coast. In favor of this interpretation is at 
least the well-known jealousy Avith which this powerful tribe, formerly 
more than at present, endeavored to protect trade with the inhabitants 
of the interior as their own monopol3^ 

The cartography of the Lynn Canal is based at this \ery date chiefly 
on the surveys of Vancouver's lieutenant, Whidby, made in July. 1794, 
b,y a few boats of the Discovery. In 1838 a certain Lindenljerg, who 
was in the Russian service, started on an exploring expedition to the 
northern part of the Lynn Canal, which resulted in the publication b}- 
him of a chart of the mouth of the Chilcat River. I have never seen 
that chart, but I have seen an English chart of 1853, prepared chiefl}^ 
from Vancouver's reports making use of the latest Russian surveys. 
To judge from this, no improvement has resulted for th(^ northern 
part of the Lynn Canal. In 1880 a new survey was made of the Lynn 
Canal by Lieutenant S3'monds, of the U. S. S. Jamextoirn, during his 
expedition to the upper Chilcat village, Kloquan. The chart embody- 
ing his observations and inquiries (225, U, S. Hydrographic Office, 1882) 
shows a number of valuable details regarding the northern part of the 
Lynn (^anal, especially as regards the location of Indian villages, num- 



508 PAPERS RELATING TO 

ber of inhabitants, the existence and location of two large fresh-water 
lakes, and of the narrow Dejah Fiord in the northeast (Ty^^a Inlet on 
the map). As for the rest, the map merely represents a preliminarj'^ 
investigation, rendering it difficult at times to identify some of the 
numerous places only recently become known. 

The mapping out of the Chilkat River, which on this occasion was 
navigated for 30 miles aVjove its mouth, is little to be relied on, and so 
far as that part is concerned, which he himself did not see, but which 
was drawn in accordance with information furnished by natives — 
namely, its upper course and connection with the Kussooa River — it 
is totally incorrect. 

POPULATION OF THE CHILCAT TERRITORY. 

It is proper to add a few words regarding the native population of 
Chilcat. The Indians form a particular tribe — Chilcat-kon — of the 
nation of the Tlinkit, whose abodes extend from the southern point of 
Prince of Wales Island to Yacutat Bay, including both islands and 
continent. There are four Indian villages in this territory — one of 
16 houses and 171 inhabitants, at the mouth of the Chilcat River, 
named Jendestaka; another, some 20 miles farther north, which is the 
largest; Kloquan, consisting of 6.5 houses with 558 inhabitants; not 
far from this a third, Katkwaltu, of 11 houses and 125 inhabitants; 
and a fourth, the Chilcoot village at the outlet of Lake Chilcoot, 
having 8 houses with 127 inhabitants; and a hamlet, Tanany, of 2 
houses and 20 inmates. Since the establishment of the factory and 
mission on Portage Bay the inhabitants of Chilcoot and ,Iendestaka 
have built for themselves small dwellings in very close proximity, 
but in the spring they always return to their old villages. 

From time immemorial, or at least long prior to any acquaintance 
with white settlers, the Chilcat Indians have had commercial inter- 
course with the inhabitants of the interior, a tribe of the Tuineh 
nations, called by them Gunanah. The products of the latter are 
probably the same as formerly, namely, skins and leather; the wares 
furnished in exchange by the Chilcat Indians being such as they obtain 
from white traders, especially firearms and amnumition, knives and 
axes, blankets and dress goods, and occasionally whale oil and a sort 
of liquor of their own distillation, which they make out of fermented 
solutions of sirup or molasses. When the Hudson Bay Company 
extended its trading posts from the/Mackenzie to the Yukon, the profit- 
able trade of the Qiilcat Indians was seriously damaged. The destruc- 
tion of Fort Selkirk, which took place in 1851. was therefore, in all 
probability, the retributive work of the Indians. Frequently some of 
the Indians from the interior visit their trader friends, but never would 
these permit them to commence trading with white persons, for they 
would at all hazards, even if it required force, preserve for themselves 
the intermediate trade and the profit connected therewith. 



AMERICAN OOCITPATION. 509 

APPROPRIATION FOR CESSION OF ALASKA TO THE UNITED 

STATES. 

I15 8tat. L., p. I'.IS.I 

Chap. CCXLVII. — AN ACT makin}i an aitjiropriation of money to carry into effect 
the treaty with Russia of ^March thirtieth, eighteen hiuulredand sixty-seven. 

Whereas the President of the United States, on tlie thirtieth of 
March, eighteen hundred and sixty-seven, entered into a treaty with 
the Emperor of Russia, and the Senate tliereafter gave its advice and 
consent to said treaty, l)y the terms of which it was stipidatinl that, in 
consideration of the cession ))y the Emperor of Russia to the I'nited 
States of certain territory therein descri])ed, the United States should 
pa}" to the Emperor of Russia the sum of seven million two hundred 
thousand dollars in coin; and whereas it was further stipulated in said 
treaty that the United States shall accept of such cession, and that 
certain inhabitants of said territory shall be admitted to the enjoyment 
of all the rights and immunities of citizens of the United States; and 
w^hereas said stipulations can not be carried into full force and etiect 
except b}" legislation to w^hich the consent of both Houses of Congress 
is necessary: Therefore 

Be it enacted hy the Senate and House of Reprexentat Ives, of the Z^n'ded 
States of America in Congi^essassemhled^ That there be, and hereby is, 
appropriated, from any money in the Treasury not otherwise appro- 
priated, seven million and two hundred thousand dollars in coin, to 
fulfil stipulations contained in the sixth article of the treaty with Rus- 
sia, concluded at Washington on the thirtieth day of March, eighteen 
hundred and sixty -seven. 

Approved, July 27, 1868. 



PROVISIONS RELATING TO THE UNORGANIZED TERRITORY OF 

ALASKA. 

[Revised Statutes of the United States, 1875, cbapter 3.] 
Sec. 

1954. Customs, &c., laws extended to Alaska. ■ 

1955. Importation of firearms and distilled spirits may be prohibited. 

1956. Killing of fur-bearing animals prohibited. 

1957. What courts to have jurisdiction of officers. 

1958. Remission of fines, &c. 

1959. Saint Paul and Saint George Islands declared special reservations. 

1960. Killing of seal upon them prohil)ited except in certain months. 

1961. Killing of certain seal prohil)ite<l. 

1962. Limit to number of seals to be killed. 
ISH).;. Right to take seal may be leased. 

1964. Bond. 

1965. Who may lease. 

1966. Covenants in lease. 

1967. Penalty. 

1968. Penalty upon lessees. 

1969. Tax upon sealskins. 

1970. Lease may be terminated. 

1971. Lessees to furnish copies to masters of their vessels. 

1972. Certain sections may Ije altered. 

1973. Agents and assistants to manage seal fisheries. 

1974. Their pay, &c. 

1975. Not to be interested in right to take seals. 

1976. Agents may administer certain oaths and take testimony. 



510 PAPERS RELATING TO AMERICAN OCCUPATION. 

Sec. 1954. The laws of the United States rehiting- to customs, com- 
merce, and navigation are extended to and over all the mainland, islands, 
and waters of the territory ceded to the United States by the Emperor 
of Russia ])y treaty concluded at W^ishington on the thirtieth da}^ of 
March, anno Domini eighteen hundred and sixty-seven, so far as the 
same may be applicable thereto. 

* * ^- * * * * 

[Act approved July 27, 1868.] 



[Supplement to the Revised Statutes of the United States, Vol. I, second edition, 1874-1891.] 
Chapter 53. — AN ACT providing a civil government for Alaska; approved May 17, 

See. 

1. Seat of government at Sitka. 

2. Governor to be appointed. 

3. District court; jurisdiction. 

4. Clerk, district attorney, and marshal. 

5. Commissioners; four to be appointed. 

6. Marshal's powers. 

7. Laws of Oregon adopted. 

8. Land district, with office at Sitka; mining laws to apply; missionary stations^ 

confirmed. 

9. Officers; their appointments. 

10. Public buildings. 

11. Laws to be compiled by Attorney-General, printed and distributed. 

12. Commissioners to examine and report on condition of Indians, lands etc. 

13. Education of children. 

14. Existing laws for Alaska to remain in force except, etc. 



GEOGRAPHICAL AND TOPOGRAPHICAL INFORMATION 
RELATIVE TO SOUTHEASTERN ALASKA. 



MAPS AND CHARTS. « 

1. (1796.) "A map exhibiting- all the new discoveries in tlie interior 
parts of North America" hy A. Arrowsmith, Jan. 1, 1795. 
Additions to 1796. 

Thiy map having been issued before the publication of Vancouver's discoveries, 
the delineation of the Northwest Coast is quite inadecjuate. Vancouver Island is 
represented as a part of the continent, and while Dixon Entrance is shown, the islands 
md passages to the northward are very incorrectly drawn. 

2i. (1S(»2.) " Charte von Nordamerica nach den neuesten Bestimmungen 
und Entdeckungen (Map of North America according to the 
latest determinations and discoveries), von C. G. Reichard, 
Weimar, 1802." 

This map apparently belongs to Reichard's "Atlas des ganzen Erdkreises." The 
lelineation of the Northwest Coast is much the same as on the circunipolar map in 
that atlas. This map, however, shows as Spanish territory all of the continental coast 
[ip to the Strait of Juan de Fuca and also Vancouver, Queen Charlotte, Prince of 
Wales, and Revillagigedo Islands, while all the rest of the coast, from the head of 
Puget Sound to Cook Inlet, where the map terminates, is shown as part of British 
America. Portland Canal is so named and the supposed coast range is indicated. 

3. (1803.) "Atlas des ganzen Erdkreises," etc. Chr. Gottlieb Rei- 
chard, Weimar, 1803. 

Contains a map showing the region around the North Pole and as far south as 45° 
lorth latitude (and farther south in the corners of the map). This map gives a 
^ood though rather small scale representation of the Northwest Coast. Portland 
Z!anal and Lynn Canal are named, and a range of mountains, substantially parallel 
:o the coast, is indicated. Vancouver's nomenclature is followed, in general. There 
s no distinction of territories by tinting. 

1. (1808.) Gary's New Universal Atlas, London, 180S. 

The map of America gives a fairly good representation of the Northwest Coast. 
S^orfolk Sound is named, but there is no mention of New Archangel. Mount St. 
Elias is placed at about 139° west longitude. There is also a separate map of North 
A-merica, on a larger scale, which follows the same lines with a little more detail. 
3bservatory Inlet and Lynn Canal are named. There is no indication of any Russian 
possessions on either of these maps. 

5. (1811.) Map exhibiting new discoveries in North America. By A. 
Arrowsmith. 

The Northwest Coast is the same as in the edition of 1802. 

« The maps and charts listed will be produced before the tribunal, or, if the origi- 
lals can not be so produced, then duly authenticated photographic copies will be 
submitted. 

511 



512 GEOGRAPHICAL AND TOPOGRAPHICAL INFORMATION 

6. (]814.) '•Charte von Nord-Aiiierica, Weimar, im Verlage des 

Geog-raph. Instituts.''' 

This is a rather small and crudely drawn map, l)ut it shows and names Portland 
Canal and also shows a distinct coast range. 

7. (1814.) Noele's General Atla.s, London, 1811:. 

Map 39, North America, shows the supposed coast range of mountains, but other- 
wise lacks detail. Poitland Canal is shown but is not named. The scale of the map 
is very small. 

8. (1811, June.) Map exhihiting new discoA'eries in Morth America. 

B}' A. Arrowsmith. 
Same as previous editions. 

9. (1814.) Thomson's New General Atlas, Edinburgh, 1814. North 

America, loose sheet from above atlas. Scale about 200 miles 
to an inch. 

Has a fair representation of the Northwest Coast. Does not name Portland Canal, 
but shows a definite mountain range along the coast. 

10. (1816.) H. Brue's Grand Atlas, Paris, 1816. 

This map gives the then supposed limits of the Russian territory as on Brue's other 
maps of this period (curving across the continent from near Cape Fanshaw to the 
Mackenzie River and down that stream to the Arctic Ocean). Map. 27, Northwest 
Part of North America, gives a good representation of the coast and gives the names, 
"Can. Portland" and "Can. de Linn." 

11. (1819.) Map exhibiting new discoveries in North America. By A. 

Arrowsmith. 

Same as previous editions, except that it is not tinted. 

12. (1819.) H. Brue's Atlas, Paris (first published in 1815). 
Portland Canal is shown and named. 

13. (1821.) New General Atlas, John Thompson, Edinburgh, 1821. 

Map 53, North America, shows the Northw^est Coast fairly well. A range of moun- 
tains i^arallels the coast from Puget Sound to Taiya Pass. Observatory Inlet and 
Lynn Canal are named, but not Portland Canal. No indication is given of the Rus- 
sian possessions. 

14. (1823.) Map of North America. James W3^1d, London. 

Shows the British territory as extending from Possession Sound to the head of 
Lynn Canal, on the east side. Northwest of Lynn Canal the territory is shown as 
Russian, and south of the Strait of Fuca the territory of the United States is indicated. 
The name Portland Canal appears on this map. 

15. (1824.) Map exhibiting the new discoveries in North America, by 

A. Arrowsmith, first published in 1795 and corrected to 1824. 

This edition shows about the same features of the Northwest Coast as the previous 
editions examined, but the name of the Portland Canal is given. This seems to be 
the only important correction in the coastal region, though there are a large num- 
ber of manuscript additions in the Mackenzie Valley and elsewhere. These may, 
of course, have been snl)se(iuently added. The coast is tinted red, presumably to 
indicate territory claimed for Great Britain, from the Columbia River to the head of 
Lynn Canal (east side only), including all islands south of Cross Sound. Beyond 
Lynn Canal the coast is colored yellow, apparently as Russian territory. 

16. (1826.) New American Atlas, H. S. Tanner, Philadelphia, 1826. 
This has a large map of North America, which shows the territory west of the 

Rocky Mountains and south of 54° 4ty as part of the United States. The edge of 
this region is niarke<l "Boundary of 1824." The parallel of 49°, east of the Rocky 
Mountains, is markeil " Boundary of 1818." The territory of the United States is 
colored yellow, the British possessions jjink, and those of Russia green. The line 
between the British and the Russian possessions is marked "Boundary of 1825." 
The boundary follows the usual continental course from the Arctic Ocean to the head 



RELATIVE TO SOUTHEASTERN ALASKA. 513 

)f Portland Canal. Monnt St. Elias i.* located fully 1° cast of the meridional i^art of 
he boundary, which is in the correct longitude, the title of this niaj) is "A map of 
!^orth America, constructed according to the latest infoi-mation, by II. S. Tanner, 
[mproved to 1825." Date of original entry and publication, 1822. 

L7. (1827.) New General Atlas, Edinbiirg-h, John Tliompson c^ Co. 
1S2T. 

The map of North America shows a distinct range of mountains along the coast, 
xit shows no boundary line whatever. The name of Portland Canal does not ajjpear. 

L8. (1827-1884.) Map No. OO. from Piadischers Atlas of the Russian 
p]mpire, published at St. Peterslmro- ))etween ls27 and 1834. 

This map shows the boundary between Ru.=sian and British America as usually 
Irawn. It formerly belonged to Senator Charles Sumner, and was given to the Har- 
rard Library by him in September, 1867. This is probably the map upon which M. 
le Stoeckl explained to Mr. Sumner the limits of the Russian jiossessions, as mentioned 
n the note introductory to Mr. Sumner's speech on Alaska in Vol. XI of his col- 
ected works, Boston, 1877. The original map, duly authenticated, will be submitted 
:o the Tribunal for inspection. 

L9. (1829.) Historical Account of Discoveries and Travels in North 
America, 2 vols. Hugh Murray-, London, 1829. 

In volume 1 is a map on a small scale, with few details, upon which the Russian 
30undary is represented as a continental line and substantially as usually drawn, 
jxcept that the boundary is carried along the west shore of Portland Canal instead 
)f following its center line. 

>(). (1830.) Atlas, etc., bv Sidnev Hall, London, Longmans, 1830. 
Map 45, British North America. April 1, 1829. 

Shows the Russian boundary as usually drawn and marked " Boundary settled, 
1825." INIount St. Elias is correctly located. Norfolk Sound i^s given, but there is 
lo mention of New Archangel. Lynn Canal is named, but not Portland Canal or 
Dbservatory Inlet. The United States boundary comes up to 54°, taking all of the 
naiidand down to 42°, but Vancouver and Queen Charlotte Islands are given to Great 
Britain. 

21. (1830.) Edin])urg-h Encyclopa^^lia. Edition of 1830. 

This work contains a map of North America which does not indicate the boundary 
)f the Russian possessions, but which shows a definite range of mountains paralleling 
he coast of Southeastern Alaska. 

>2. (183(X) New General Atlas. Sidney Hall, London, 1830. 

]\Iap 45. British North America. This is rather a small scale map, but the Rus- 
sian boundary is shown as usual. Portland Canal is not named. There is no deti- 
lite mountain range along the coast. Pearse Island is apparently shown, on the 
Russian side of the inlet, but Wales -Island is not indicated. 

The edition of 1857 is about the same in regard to the coast line and the boundary, 
■hough it has many additions in the interior. 

23. (1831.) "Map of the northern part of North America, compiled 

from the latest and most approved astronomical observations, 

authorities, and recent surveys * * * by Joseph Bou- 

chette, Junr., Deputv Surveyor General of the Fi'ovince of 

Lower Canada. May 2, 1831." 

The boundary of the Russian territory on this map is somewhat rudely drawn, 

laving very few inflections to follow the sinuosities of the coast, but it is correct in 

dl essential matters, following a course, at some distance from the sea, from Mount St. 

Elias to the head of Portland Canal. 

24. (1831.) Society for the Diffusion of Usefid Knowledge. A series 

of maps, modern and ancient. London. Baldwin & Cradock. 
Map No. 5, "Circumjacent the North Pole, June, 1881," shows the boundary of 
Russian territory with sul)stantial accuracy, though on a very small scale. None of 
:he canals are named, and very little detail is given. 

21528—03 40 



514 GEOGRAPHICAL AND TOPOGRAPfllCAL INFORMATION 

25. (1834.) Map of British North America, hy J. Arrowsmith. 

This shows tlie customary continental hne between the dominions of Russia and 
Great Britain, but does not trace it through the water passages. 

26. (1836.) The British Cyclopiedia of Literature, History, (leoo-ra- 

phv. Law, and Polities, by C. F. Partington. London, Orr & 

Smith, 1836. Vol. I (III of whole set). 
After page 160 there is a folding map of North America, on a very small scale. It 
shows the boundary of Russian Xmerica as usually drawn, from the Arctic Ocean to 
the head of Portland Canal, below jvhich point no indication of the line of demarca- 
tion is given. 

27. (1836.) New Universal Atlas, H. S. Tanner, Philadelphia, 1836. 
The map of North America has a delineation of the boundary of the coast strip as 

usually drawn. 

28. (1837.) Photographic copy of a large Russian plat of the Stikine 

Kiver, sent from the United States embassy at St. Petersburg. 
The title of the map is "Plane map of the river Stachin from 
the mouth to the place selected b}- the English for a settlement." 
A broken line, marked "Boundary between the possessions of Russia and Eng- 
land," runs across the river in a north and south direction, on the meridian of i;-51° 
16^ west longitude. A written description attached to the map gives some further 
details concerning the river and the origin of this map. 

29. (1838.) Atlas universel de geographic. Seconde edition. A. 

Brue, Paris, 1838. Chez Ch. Picquet. 

"Carte gencrale de I'Amerique Septentrionale" gives the "Limite fixee en 1825" 
as running through Clarence Strait and Burroughs Bay; otherwise with substantial 
accuracy. 

30. (1840.) J. Arrowsmith\s Atlas, London, 1840. 

Map 39, "America " (2 pages) , shows the boundary of Russian America as usually 
drawn. Portland Canal is so designated. The British territory stretches south to 
the Columl)ia River. 

Map 40, "British North America," is the familiar Arrowsmith map dedicated to 
the Hon. Hudson's Bay Company. Pearse and ^Vales Islands are shown and are cor- 
rectly colored. The boundary line starts from the head of Portland Canal and runs, 
on the continent, to Mounts Fairweather and St. Elias. 

31. (1840.) Black's General Atlas, by Sidnev Hall. A. cSc C. Black, 

Edinburgh, 1840. 
^lap 45, North America, though on a small scale, gives the usual boundary of Rus- 
sian America. New Archangel is given and named. The editions of 1841 and 1844 
are about the same. 

32. (1842.) "Carta generale deir America Settentrionale, 1842, Na 

poll, Real litografia militare." 

"America Russa " is shown by a blue tint around the borders and by a l)roken 
line running south from the Arctic Ocean to about 61° (well to the north of ^Nlount 
St. Elias), thence curving to the southeast and then to northeast, swinging around 
Lynn Canal, then nearly straight to near Burroughs Bay, then down through Behm 
Canal and Clarence Strait to a point near C. Muzon. "Can. Lynn" and "Can. 
Portland" are both named. There is no definite mountain range near the coast, 
though there is some little plateau hachuring. 

33. (1842.) Map of the Pacific Ocean, bv J. Arrowsmith, February, 

1842. 
This is a general map on a small scale, not extending north of the latitude of Mount 
St. Elias. The boundary of the coast strip of Russian America is drawn in the usual 
way from the head of Portland Canal to the neighlwrhood of Blount St. Elias, but 
turns north a little east of that mountain, at about 139° west longitude. As before 
stated, the edge of the map stops here. 



RELATIVE TO SOUTHEASTERN ALASKA. 515 

U. (1S42.) A Geiiorul (lazettoor, etc., originally conipilcd t)y K. 

Bi'ooke.s, M. D., revised by A. (i. Fiiullay, London, 1S42. 

This work contains a small scale map of North America, which sliows the bound- 
iry line as usually drawn. 

)5. (1842.) Tanner's New Universal Atlas, Philadelphia, 1SI2. 
The map of North America has the boundary as usually drawn. 

56. (1842.) The London Atlas, J. Arrowsmith, London, 1842. 

Map 89, America, is a jxeneral map of both North and Si .nth America on a small 
icale. The boundary of Russian America is correctly drawn. 

]\Iap 40, British North America, dedicated to the" Hon. Hudson's Bay f'ompany, 
s the same as usual. St. Elias is a little east of 141°. New Archan<J:el is jjiven. 
rhere is no line indicated in Portland Canal and Inlet, but Pear.se and Wales Islands, 
vhich are quite distinctly shown, are tinted as Russian territory. 

57. (1843.) The World on a Globular Projection, by Joseph Trac3\ 

Published at Boston bv Gilbert Brewster in 1843. 

The drawing is very general, l)ut the boundary of Russian America is shown with 
ubstantial accuracy. 

58. (1843.) The National Atlas. A. K. John.ston, Edinburo-h. Gowan & 

Co., 1843. 
3Iap 37, North America, shows the boundary as usually drawn. A boundary 
Irawn along the parallel of 54° 40' bears the inscription, "Treaty between Russia 
md United States, 1824," and a note states that the country west of the Rocky 
dountains from 42° to 54° 40' is claimed by both Great Britain and the United 
States. The edition of 1851 shows the same conditions as then existing. 

!9. (1843.) Gilbert's Modern Atlas, bv Robert Mudie, London, H. G, 
Collins, 1843. 
The map of "British and Russian America" is on a small scale, but shows the 
)0undary as usually drawn. ^Nlount St. Elias is placed on the meridian of 140° west, 
litka is given. Portland Canal is not named. 

:0. (1844.) Maps of the Society for the Diffusion of Usefid Knowl- 
edge, London, 1844. 

Map 127, North America, is a small scale general map. The "Boundary 1825" is 
hown from the Arctic Ocean to the head of Portland Canal, which is so named, 
'earse and Wales Islands are not shown. 

Map 128, "British North America," shows the boundary as running through 
'larence Strait and Burroughs Bay, but otherwise as usual. The name Portland 
/anal does not appear on this map. 

:1. (1844.) Russian Admiralt}' Map. Chart of the Arctic Sea and the 
Eastern Ocean. 

The boundary line is shown as usual from the Arctic Ocean to the head of Portland 
'anal, but is not indicated in the water passages. Mount St. Elias and the Portland 
'anal are both named. 

•2. (1844.) The National Atlas, bv A. Keith Johnston, Edinburgh, 

etc., 1844. 
Map 37, North America, though on rather a small scale, has a representation of the 
loundary of Russian America which is correct in all essential particulars. 

:3. (1844-1871.) An Atlas of Modern Geography, by Samuel Butler, 
D. D., London, Longmans, 1844. 
Map XIX, North America, is a very small map of the whole continent. The 
loundarv of Russian America is fairly well shown, but runs to I5urroughs Bay. It 
■! not indicated in Behm Canal and Clarence Strait and the tint useil for the Rus- 
ian territory is continued on the continent to Portland Canal, or farther. Mount 
It. Elias is* approximately correct. The names "New Archangel" and "Lynn 
)anal " appear on the map. 



516 GEOGRAPHICAL AND TOPOGRAPHICAL INFORMATION 

In the 1871 edition of this atlas, Map XXIV, North America, has the line as 
usually drawn to Portland Canal. From the Taku River to a point near Portland 
Canal the dotted Ijoundary line is replaced by a mountain range running nearly in 
a straight line. 

Map XX ^^ British North America, has a better representation of the line, which 
is indicated throughout its length. Its southern terminus is at a river, which runs 
into the head of Portlaml Canal. The name "New Archangel" is given. 

U. (1844-1S99.) Russian Admiralty Chart No. 1345, '^General chart 
of the Arctic and Pacitic, Middle Sheet." The title reads: 
"Chart of the Ic}' Sea and of the Eastern Ocean, compiled from 
the latest survej^s at the Hvdro^raphic Department of the 
Marine Ministry, 1811, revised to 1899." 

This shows l)oth the eastern and the western boundaries of Alaska, the eastern 
being marked "Former -boundary between Russia and England, etc." 

45. (1818.) Russian Admiralty Chart No. 1 of Eastern Ocean. Title: 

'•Mercator chart of the Eastern Ocean with the Northwest 
Coasts of America and the adjacent Koloschensk Archipelago. 
Compiled from sundry journals and maps, and enoraved at the 
Hydrographic Department of the Marine Ministr}', 1818.'' 

An inset map of Chilkat Inlet, here called the "Mouth of the Chilkat River from 
the map of G. Lindenberg, 1838," is given on this map. 

46. (1819.) ""Map for the treatise on the g'eog-nostic and orographic 

condition of the Northwest Coast of America and of the adjacent 
islands, based on the charts of the H3Tlrographic Department of 
the Marine Ministry at St. Petersburg, b_v C. Grewingk, 1819," 
contained in the work entitled '•Contril)ution to the knowledge 
of the orographic and geognostic condition of the Northwest 
Coast of America, with the adjacent islands." St. Petersburg, 
1850. (In German.) 
On this map the boundary of Russian America is drawn much in the usual way 

from the Arctic Ocean to the head of Portland Canal. The meridional part of the 

boundary is placed a little east of 141° and Mount St. Elias is much too far east. 

The boundarv is marked "Russian-English boundarv according to the agreement of 

1825." 

47. (1849.) "The Hudson's Bay Territories and Vancouver's Island," 

etc., by R. M. Martin, esq., London, 1819. 

A ma]i in the front of the book shows the boundary from head of Portland Canal- 
northward, but is on too small a scale to show much detail. Portland Canal is called 
Portland Inlet. 

In Part I we read: "The northwest territories of British America, exclusive of 
Canada, extend from the Pacific Ocean and Vancouver's Island along the parallel of 
the 49th degree of north latitude, near to the head of Lake Superior, and thence 
in a northeasterly direction to the coast of Labrador and the Atlantic. The Arctic 
Ocean forms the northern l^oundary. The whole region includes the meridians of 
55 and 141 degrees of west longitude excepting a strip of Russian territory on the 
Pacific Ocean, between 54° and 60° north latitude, following the sinuosities of the 
coast for ten leagues in breadth, as shown in the accompanying map by Arrowsniith." 

The title of the map, however, is: " Map of the British Possessions in North 
America, exhibiting the recent discoveries, geographical and nautical, by James 
Wyld, geographer to Her Majesty." On page 29 the author refers to the Russian- 
American Fur Company and to their lease of "the continent assigned to Russia" 
to the Hudson's Bay Company from June 1, 1840, "extending from 54° 40^ north to 
Cape Spencer, near 58° north." 

48. (1850.) The National Atlas, by A. Keith Johnston, Edinburgh and 

London, 1850. 
Map 37, North America, has the boundary of Russian America correctly drawn 
and marked "Boundary settled by treaty of 28th Feb'y, 1825, between Russia & 
Enufland. " • ' 



RELATIVE TO SOUTHEASTERN ALASKA. 517 

X (1850.) Descriptive Atlas, by Rev. Thus. :\Iilner and A. Peteniianii, 
London, 1850. 

The map of North America on i)ajre 161 hus the hiniiKUiry of the Russian poHsew- 
Diis as usually drawn. 

). (1850.) A Modern Atlas. A. G. Findlav. London. 1850. 

Has a map of North America, which is on a small scale, but which shows the usual 
)undary of Russian America. 

L. (1850.) The World on Mercator's Projection, bv David li. I'>urr. 
Published at Boston l)y J. Haven, 1850. 

The scale of this map is small, but the continental boundary of Russian America is 
lOwn with substantial accuracy. 

I. (1851.) Geogrcxphical Atlas of the Russian Empire. (Text-l)ook 
for the use of the Militarv Acadeniv.) St. Petersburo-. 1S51. 
Folio. 

The title as above is from the catalogue of the library of the Imperial University 
St. Petersburg. The copy cited has no title page", but the dedication reads: 
To his Imperial Highness * * * Alexander Nikolaevitch, the commander in 
lief of the mihtary academy * * * dedicates A. Voshtchinin, captain of the 
pographic corps." Upon the maps in this atlas the boundary is represented as 
;ual. 

5. (1851.) Map illustratino- the prooress of explorations in the Rus- 
sian P^mpire, published in the "Bulletin de la Societe de Geo- 
graphie'"' for the second half of the 3'ear 1851. fourth series, 
vol. 2, following^ p. 140. The title reads: ''Map attached to 
the Proceeding's of the Imperial Geographic Societv of Russia 
for the year 1850." 

The scale is small, but the drawing is distinct. The boundary of Russian America 

shown in the usual way from the Arctic Ocean to the head of Portland Canal, the 

ime of which is given. 

t. (1851.) Arctic Searching Expedition, etc., by Sir John Richard- 
son, C. B., F. R. S. London, Longmans, 1851, 2 vols. 
In the front of vol. 1 there is a map of British North America, drawn by S. Hall. 
le limit of the Russian territory is marked " Boundary settled 1825." Mount St. 
lias is in about the right longitude, but is too near the sea. The boundary is drawn 
ell back of that and also of Mount Fairweather. New Archangel is not given. 
bservatory Inlet is named. 

). (1852.) Lowr3''s Table Atlas. London, 1852. 

Map 80, British North America, is rather small, but shows the Russian boundary 

rrectly. 

3. (1852.) Journal of Royal Geograph. Society, London, 1852. Vol. 
XXII, p. 174, map of British North America (by John Arrow- 
smith) to illustrate a Paper, on the means of Connnunication 
with the Pacific Ocean, by Capt. M. H. Synge, R. E. 
This map is drawn on a very small scale. The coast of Russian America is shown 
far north as the Fairweather region (including the whole of Lynn Canal by over- 
nning the margin a trifle). The boundary line is carried only to the margin, at a 
)int about north by east from the head of Taku Inlet. The boundary, so far as 
dicated, is the usual one from the .head of Portlaml Canal, parallel to tlie coast. 
ne name of Russian America does not appear. The only names given in this region 
e: "New Archangel," "Portland CI.," and "Observatory Inlet." 

r. (1852.) New General Atlas of Modern Geography, by James 

Wyld, London, 1852. Large folio. 
Map 08, North America, has the boundary correctly drawn to the head of " Port- 
iid Inlet," as the passage is denominated on this map. 



ol8 GEOGRAPHICAL AND TOPOGRAPHICAL INFORMATION 

58. (1852.) Map of North Amerira by J. Calvin Smith. Published b}' 

J. Disturnell, New York. 1.S52. 

This map is on a rather small scale, say 200 miles to the inch. It shows the bound- 
ary of Russian America correctly, hut does not name the canals or carry the bound- 
ary out to sea. No definite mountain range is indicated. JMount St. Elias and 
Mount Fairweather are given, and also some indications of mountains well back in 
the interior. 

59. (1853.) A School Atlas of general and descriptive geography. 

Alex. Keith Johnston, Edinburgh and London, 1853. 
Plate 18, North America, shows the lioundary of Russian America as claimed by 
Hussia and the Tnited States. 

t)0. (1851:.) Travels in Si])eria, bv S. S. Hill, London, Longmans, 
1854. 2 vols. 

A map of the Russian Empire in vol. 1 includes the Russian territory in North 
America, the boundary between that and the British territory being correctly shown. 

(>1. (185<).) Track Chart of the United States North Pacific Surveying 
Expedition, John Rodgers, U. S. Navv, commanding, 1854- 
1856. 

This map shows the boundary of Russian America as it is given on the British 
Achniralty charts. 

62. (1856.) Black's Atlas of North America: Edinburgh, Adam and 

Charles Black, 1856. 

jNIap No.l, North America, has the boundary of Russian America drawn as usual 
to the head of Portland Canal. 

Map No. 2, British America, is about the same, though on a larger scale. This 
atlas is notew(jrthy for the fact that it shows the Yukon and Porcupine uniting to 
form the Kwichpak, the whole representation of the rivers being very good for that 
day. 

63. (1856-1876). Stieler\s Hand-Atlas, Gotha, Justus Perthes. 

The map of North America, in the 185(3 edition, has the boundary of Russian 
America drawn in the usual manner. The name of Portland Canal is not given. 

In the 1876 edition the drawing is the same, except that the name Alaska is sub- 
stituted for Russian America. 

64. (1857). WykFs Atlas. London. 

The line is drawn as usual, in the same manner as in edition of 1852. 

65. (1857.) Report from the select committee on the Hudson's Baj' 

Company, etc., with maps. House of Commons, 1857. (Blue 
book.) 

It contains three maps: (1) Map of North America drawn by J. Arrowsmith. The 
j<cale is al)i)ut 200 miles to the inch. Although styled a map of North America, it 
includes only a small part of the United States. The boundary of Russian America 
is drawn in the usual way from the Arctic Ocean, at Demarcatiiju Point, to the head 
of Portland Canal, where it terminates. 

(2) Aboriginal map of North America denoting the boundaries and the locations 
of various Indian tribes. The authorship of this map is not stated. It is on about 
the same scale as ma|) No. 1, but includes the whole of the United States. The cus- 
tomary boundary of Russian America is indicated by cnlored Ijands. 

(.'!) "]\Iaii of the northwest part of Canada, Hudson's Bay, and Indian Territories. 
Drawn by Thos. Devine by Order of the Hon'"'' Jose])h Cauchon, Comm'r of Crown 
Lands, Toronto, March, 1857." Reproduced in the Atlas accompanying the Case of 
the United States. See map No. 19. 

(M'}. (1857.) "Map of N. W. part of Canada, Indian Territories, and 
Hudson's Bay. Compiled and drawn by Thomas Devine. To- 
ronto. Maclcar & Co., 1857. Canada — Crown Lands Depart- 
ment." 

This is the same as No. 3 in last citation, but on a much larger scale. 



RELATIVE TO SOUTHEASTERN ALASKA. 519 

7. (1857.) The Complete Atlas, London, Edw. Stanford, 1857. 

Map 127, North America, 8hu\vfi the Russian l)()nndary correctly from tlie Arctic 
'cean to the liead of rortland Canal, which is so named. There is no definite 
lonntain rantre near the coast. 

3Iap 128, "British North America," carries the boundary throutrh Ilurrouudis Bay 
ud Clarence Strait. 

8. (185.S.) " Bi'itisli Columbia and Vancouver Island." etc.. l)y Wil- 

liam Carew Hazlitt, London. G. Koutledoe, 1858. 
This volume contains a map of British Columbia, which at that time, under the 
rganic act just passed, was l)ounded on the north by the "Simpson River." This 
lap shows a small jiortion of the Russian boundary, from the head of Portland Canal 
) al)out the latitude of 56° 30'. The boundary is not drawn further south than the 
ead of the canal. The text contains nothing bearing upon the Russian boundary. 

9. (1858.) In Petermann's Mittlieilunoen for 1858 is a map of British 

CoUmd)ia. 

It is on the scale of 1: 4,5HO,000, and shows the general features of Russian America 
5 far north as the head of the Portland Canal. The Russian possessions are tinted 
reen around the shores, wliile the territory of British Columbia is pinkish. The 
'ortland Canal is shown as the dividing stream. 

0. (1859.) Map of British Columbia and Vancouver Island, etc., by 

John Arrowsmith, 1859, in the British Blue Book. "Papers rela- 
tive to the ati'airs of British Columbia, Part II, London, 1859." 
This gives the usual boundary as far north as the "Stekin River." It shows the 
oundary of Russian America from about the central part of Dixon Entrance (Prince 
f Wales Island is not shown, being too far west), up through Portland Inlet and Port- 
md Canal to the head of that passage, and then in a sweeping curve around the 
ead of Burroughs Bay and as far north as the Stikine River and the parallel of 57 
egrees. 

1. (1859.) British North America. London, J. Arrowsmith, 1859. 
Similar to previous editions cited. 

2. (18(>().) H. Kiepert's neuer Hand- Atlas, Berlin, 1860. Sheet No. 

36, " Nord-America. " Scale, 1 : 20,000,000. 
Shows the usual continental boundary line to the head of Portland Canal. 

'3. (1862) ''British Columbia and Vancouver's Island," etc., ''by 

D. G. F. Macdonald, C. E., late of the Government survey staff 

of British Colundna and of the international boundary line of 

North America," etc. London, 1862. 

This is one of the largest works on the snliject. It contains a map by .lohn Arrow- 

mith, 1862, which shows the boundary running through Portland Canal and out into 

)ixon Entrance to a point a little west of Devil Rock. Northwanl from the head of 

Virtland Canal the line traverses the continent as far as the parallel of 57° N., which 

t crosses just north of the Stikine. 

'4. (1862-1867.) Johnson's New Illustrated Family Atlas, New York. 

The map of North America has the boundary of Russian America correctly drawn, 
^ery few names are given. 

The edition of 1864 is the same. 

The edition of 1867 is the same except that the name "United States Territory" 
ppears in place of "Russian America." 

'5. (1864.) Corneirs Companion Atlas, New York, Appleton's, 1864. 

The map of North America is crudely drawn, l)ut the boundary line is correctly 
hown in a general way. 

'6. (186)4.) Russian Admiralty Chart of the Arctic and Pacific Oceans. 
First puUished in 1844. 
The lioundarv line is shown in the usual manner as on the first edition 



520 GEOGRAPHICAL AND TOPOGRAPHICAL INFORMATION. 

77. (1869.) Atlas Universel, etc. Drioux et Leroy, Paris, 1869. 
Contains a small scale map of North Ameiica, on which the boundary is correctly 

shown, lint without nuich detail- Portland Canal is not named. Alaska is called 
"Region du nord-ouest — Aux Etats Unis. 

78. (1870.) H. Kiepeit's neiier Hand-Atlas, Berlin, 1870. 

The boundary line of Alaska is given in the usual way, as on the edition of 18G0. 

79. (1871.) Butler's Atlas, London, 1871. 

Map XXV, British North America, represents the Alaskan boundary in the usual 
manner. 

80. (1877-1888.). "Atlas Universel de Geographie," etc. V. de St. 

Martin. Paris, 1877-1888. 

The map "Oceanie, 1887," a small Mercator chart of the Pacific, shows the l)Ound- 
ary of Alaska correctly. Portland Canal is not named and no coast range is shown. 

The map "Puissance de Canada," 1889, shows the boundary line correctly to the 
head of Portland (lanal, which is marked "Can. Portland." The "Can." overlaps 
Pearse Island, but both that and Wales Islands are correctly tinted, and Pearse 
Channel is merely dotted through. 

The map "Ameri(jue Septentrionale," 1891, shows the same thing on a smaller 
scale. On this map Portland Canal is not named. 

81. (1880.) Adolph Stieler's Hand-Atlas, Gotha, 1880. 

Map 78, Nord-Amerika, has a correct representation of the Alaskan boundary, but 
does not indicate it in the water passages. 

82. (1881.) Stieler's Hand-Atlas, Gotha, Justus Perthes, 1881. 
Themapof "Nord-Amerika" is on a small scale, 1:25,000,000, but shows the bound- 
ary of Alaska correctly, within the limits of the scale. Portland Canal is not 
named. 

83. (1884.) Capitain Jacobsen's Reise an der Nordwestkiiste Anieri- 

kas, 1881-1883. A. Woldt, Leipzig-, 1884. 
Has quite a clear map on scale 1:11, 500, 000, -upon which the boundary is correctly 
shown. The names of the canals are not given. 

84. (1885.) Die Thlinkit-Indianer. Dr. A. Krause, Jena, 1885. 

Has a map showing the distribution of the Indian tribes, upon which is indicated 
the greater part of the bountlary of the coast strip, i. e., from latitude 61° to latitude 
56° (nearly). Most of Portland Canal falls lieyond the eastern limit of this map, 
but its mouth is shown and also the boundary running west therefrom past Cape 
Muzon. The boundary is marked "Crenze zwischen Alaska und Britisch Nord 
America." Scale of map 1:2,265,000. 

85. (1895.) The '" Boundar}^ Atlas" submitted l\v the Joint Commis- 

sion of 1893-1895 includes 13 maps furnished by the I'nited 
States commissioner and 28 maps furnished by the Canadian 
commissioner, upon which are shown the geog-raphical results 
ol>tained by the surveying parties which worked under the 
direction of the commissioners. 

S6. (1898.) " Nouveau Larousse," Paris, 1898. This is a late edition 
of the "Grand Dictionnaire Universel" of M. Pierre Larousse, 
published in 1866. 
As in that publication, the treatment of Russian America, now Alaska, is but 

meager. In this edition a map of the territory is given which shows the boundary 

in about the usual way. This map is on a small scale. 

87. (1900.) The ascent of Mount St. Elias by Prince Luigi of Savoy. 
By F. de Filippi. English translation, AVestminster, 1900. 
Has a handsome map of Alaska, showing the boundary as usual, entitled "Map of 
the north-west shores of North America (no date). Scale 1:3,500,000. Istituto 
Cartografico Italiano, Roma." 



MISCELLANEOUS. 



TRANSLATION OF EXTRACTS FROM THE '"EXPLORATION OF THE OREGON 
TERRITORY," BY M. DUFLOT DE MOFRAS, PARIS, 1844. 

Volume n, page 148: "Perez Entrance, which the Eng-lish improperly 
call Dixon Entrance, lies between Queen Charlotte Island and Prince 
of Wales Archipelago. Cape Chacon, or Point Wales, at the south- 
east extremit}' of this archipelago, in latitude .54^ 40', forms the south- 
ern boundary of Russian America, which it therefore separates from 
the territory in dispute ])etween England and the United States. As 
we have already stated, the line of demarcation, starting from Cape 
Chacon, runs from west to east as far as the coast inlet where it meets 
the Portland Canal, the right bank of which it follows. After reach- 
ing the end of this canal the line contiiuies to the northwest along the' 
peaks of the chain of mountains parallel to the sea, while preserving a 
distance from the coast of ten marine leagues, or one-half a degree, as 
far as Mount St. Elias, whence it extends to the Arctic Sea along the 
meridian of that peak. It is true that by a purely commercial arrange- 
ment the English Company has occupied since 1839 a part of the Rus- 
sian territory, and has even established trading' posts and forts in 
that territory; but this temporary occupation, which is to terminate 
in 1850, in no way affects the sovereignty of the Czar. AVe shall speak 
of these estal>lishments, of which there are but few, in discussing- 
Russian America and the Imperial Russian American Company." 

Pag-e 273: "-^ * * * treaty in regard to ))oundaries concluded 
February 16 28, 1825, between the English and Russian Governments. 
The lines of demarcation are here perfectly clear. 

The dividing- line beg-ins at Cape Chacon, the southern extremity 
of the large island of the Prince of Wales Archipelago, in latitude 
54^ 4<>', and runs to the east toward Portland Canal, which it ascends 
to the tifty-sixth parallel. Thence it follow^s the sunnnits of the chain 
of mountains which run parallel to the coast as far as the point where 
it cuts the one hundred and forty-tirst deg-ree of longitude west from 
Greenwich (143- 20' 24" west of Paris) — that is to say, the western 
slope of Mount St, Elias — and thence it ascends to the north along this 
meridian to the Arctic Sea; but wherever the summit of the mountains 
shall be more than ten marine leagues distant from the coast, the line 
of demarcation shall run parallel to this coast, alwa3's keeping- at a 
distance of ten marine leagues therefrom," etc. 

EXTRACTS FROM A DIRECTORY FOR THE NAVIGATION OF THE PACIFIC 
OCEAN, ETC., BY ALEXANDER G. FINDLAY, F. R. G. S. , LONDON. PRINTED 
FOR R. H. LAURIE, CHART-SELLER TO THE ADMIRALTY, ETC., 1851. 

Part 1, Chapter XIV, Coast of British America, etc., page 431. 
"Portland's Canal (so named from the noble family of Bentinck) 
diverges from Point Ramsden in a N. by W. i W. direction for about 

521 



522 GEOGRAPHICAL AND TOPOGRAPHICAL INFORMATION 

5 miles; tlienoe it bears in a more northerly direction 5 leagues farther, 
and then trends a little to the eastward of north, terniinatino- in low, 
marshy land, in lat. 55^ 45', 70 miles from its entrance into Chat- 
ham's Sound. * * * The northern shore of the inlet, between 
Point Wales and Point Kamsden, is formed by several islands, behind 
which a channel runs pai'allel with the direction of the main inlet. 

Observatory Inlet. — The principal inlet runs in a X. E. ^ X. direc- 
tion, and at 21 miles above points ]\laskelyne and Wales the Portland 
Canal diverges from the principal one at Point Kamsden. Otf this 
point are some dangerous rocks, only visible at low water, and oppo- 
site to it is a deep bay, with very shallow water all around it, except 
in the NE. part, where a branch enters, bringing down muddy water, 
which is distinguished flowing down the principal arm. Beyond this 
bay to the XE. the inlet is in general about half a league wide. The 
shores on both sides are straight and compact; a counter tide, or 
strong undertow, is felt here, which very nuich embarrasses a vessel."' 

Page 456: "Lynn Canal. — Beyond this the arm diverges into two 
branches, the west one terminating in its navigable part in latitude 
59" 12'. At its head, according to Lisiansky's chart, is the native vil- 
lage of Chill-at. * * * This peninsula [Seduction Point] is a nar- 
row strip of low land, 1 or 2 miles across, separating the western 
from the eastern arm, which extends X. by W. ^ W. about 11 miles, 
and thence winds in a westerly direction afjout 3 miles farther, where 
it terminates in low land, formed immediately at the foot of high, 
stupendous mountains, l)roken into deep gullies, and loaded with per- 
petual ice and snow. * * * 

Lynn Canal * * * receives a river, which the Indians ascend 
about 50 miles to a valley running toward Mount Fairweather and 
containing a large lake, which pours its waters into the open ocean at 
Admiralty Bay." 

EXTRACT FROM THE "IMPERIAL GAZETTEER," PUBLISHED BY BLACKIE & 
SON, EDINBURGH AND LONDON, 1855, HAS THE FOLLOWING IN AN 
ARTICLE ON "RUSSIAN AMERICA."' 

"Russian America, according to the treaties with Great Britain 
and the U. States, in 1S24 and lSi>5, comprehends all the American 
coast of the Pacitic and the adjacent islands X. of the parallel of 54" 
40' X.; and the portion of the mainland W. of the meridian of 141" 
W., which passes through ]Mount St. Elias. Area, 485,J>5T geo. sq. m. 
The part of the mainland S. of Mount St. P^lias consists of a narrow 
belt, which is continued along a mountain ridge parallel to the coast, 
and has nowhere a greater width than 10 marine leagues, or about 33 
miles. 



Liter of General Aid-de-Cnirq) Crahhe. 

(Xo. 4029, October 18, 18(57.) 
No. 2108.] 

IIVDROCiRAPHIC DEPARTMENT OF THE MINISTRY OF ^NIaRINE, 

St. Petersburg, Octoher U, 1867. 
To the Adjoint of the Minister of Foreign Afdirs: 

In reply to your excellency's letter dated Octo])er 10, Xo. 6783, I have 
the honor to inform vou that the maritime frontiers are generally not 



RELATIVE TO SOUTHEASTERN ALASKA. 523 

marked on ni;n)s: hut as far as the i'oiincr frontier hetween the Russian 
and British possessions in America is concerned, the a<ireement of 1S25 
defines it very exactly, as folh)ws: Commencin«' from the southernmost 
point of the ishmd called Trinco of Wales Island, which point lies in 
the parallel of 54- -io' of northern latitude, this line will ascend alono- 
the channel called Portland Channel to the point of the continent, 
Avhere the land frontier, marked on all maps, commences. 

General Aid-de-Camp Ckabbe, 

Directing the Mlitlxtnj of Marine. 

Director of Dejjartment, (signed) Zelexoy. Rear-Admiral. 



Joint report of the United Stateti and Brltltsli conr/jiLssloners on the 
Alaskan- Canadian houndari/, Decemher 31., 1895. 

The undersigned, ^^'illiam Ward Duffield, on behalf of the United 
States of America, and William Frederick King, on l)elialf of Her 
Britannic Majesty, duly appointed conuuissioners under and l)3M'irtue 
of the first article of the convention of July 22, 18!»2, between the 
United States and the Ignited Kingdom of Great Rritain and Ireland, 
have the honor to submit the following joint report of our proceed- 
ings and transactions luider the said tirst article of the convention, 
which reads as follows: 

The Hitrh Conti'actino; Parties agree that a coincident or joint survey (as may be 
found in i)ractice most convenient) shall be made of the territory adjacent to that 
jiart of the l)oundary line of the United States of America and the Dominion of Can- 
ada dividino- the territory of Alaska from the Province of British Colnml^ia and the 
Northwest Territory of Canada from the latitude of 54° AO' North, to the point where 
the said boundary line encounters the 141st degree of longitude westward from the 
meridian of (Treenwich, by Connnissioners to lie apjiointed severally by the High 
Contracting Parties, with a view to the ascertainment of the facts and data necessarj' 
to the permanent delimitation of said boundary line, in accordance with the spirit 
and intent of the existing treaties in reganl to it between Great Biitain and Russia 
and between the United States and Russia. 

Application will be made without delay to the respective legislative bodies for the 
appropriations necessary for the prosecution of the survey, and the connnissioners 
to be appointed by the two (iovernments shall meet at Ottawa within two months 
after said appropriation shall have been made and shall proceed as soon as practi- 
cable thereafter to the active discharge of their duties. 

The respective Commissions shall complete the survey and sulimit their final reports 
thereof within two years from their first meeting. 

The Connnissioners shall, so far as they may be able to agree, make a joint report 
to each of the two Governments, and they shall also report either jointly or sever- 
ally, to each Government on any points ujion which they may be unai)le to agree. 

Each Government shall jiay the expenses of the Commission ai)i)ointed by it. 

Each Government engages to facilitate in every jiossible way any operations which, 
in pursuance of the plan to Iw agreed upon h\ the Commissioners, may be conducted 
within its territory l)y the Commission of the other. 

The High Contracting Parties agree that, as soon as practicable after the report, or 
reports, of the Commissioners shall have been received, they will proceed to consider 
and estal)lish the boundary line in question. 

The tirst meeting of the commissioners api)ointed under this article 
was held in Ottawa on the 2Sth day of November. 185>2. By the sup- 
plementary convention of the 3d February. 1894, the time for the 
completion of the work and the sul)mission by the commissioners of 
their joint or separate reports, which l)y the former convention 



524 GEOGRAPHICAL AND TOPOGRAPHICAL INFORMATION 

expired two _vears from the date of the first ineeting- of the commis- 
sioners — that is to say, on the 28th November. 1894, was extended to 
the 31st December, 1895. 

The treaties relating- to and defining- the international boundary line 
between Canada and the United States of America in the region in 
question are the treaty between Great Britain and Russia, dated 28 16 
February, 1825, and the treaty between the United States and Russia 
dated 30th March, 1867. 

Our commission, under said Article 1 of the convention of 1892, 
applies only to that portion of the boundary describ(^d in these treaties 
from the southermuost point of Prince of Wales Island to the one 
hundred and forty-first meridian. 

With a view to the performance of the duty imposed upon the Com- 
missioners under the Convention of ascertaining the facts and data 
necessary to the permanent delimitation of the boundary line, and 
under the option allowed them of making either a coincident or joint 
survey. Dr. Thomas C. Mendenhall, at the time Conunissioner for the 
United States (since replaced Ijy the undersigned, William Ward Duf- 
field), together with the undersigned British Commissioner, having 
considered the large extent of uidvuown territory involved and the 
comparatively short time allowed for the survey, determined that it 
was advisable to make the survey a joint one; that is, to partition 
among- the officers working under them respectively the territory to 
be surveyed, arranging at the same time that each commissioner 
should detail attaches to accompany the several surveying parties of 
the other, for the purpose of o])serving- and verifying their work. 

The United States Commissioner undertook to make surveys of as 
precise a nature as practica))le of the principal water courses which 
traverse the coast strip, and the British Conuuissioner undertook to 
make a photo-topogi'aphical survey of the mountainous regions l3'ing 
between these various water courses. 

A preliminary trignometrical survey of the principal deep-water 
passages, including- the continental shore line from Portland Canal to 
Lynn Canal, had already been completed by the United States Coast 
and Geodetic Survey; and careful determinations of the geographical 
positions of Mount St. Elias (as hereinafter given) and of various 
mountain peaks in that region were made l»y the same org-anization in 
1892, at which time a partial survey of the shore line of Yakutat Bay 
was also made. This completed work helped to coordinate the 
detached surveys of the various parties sent out by the t^vo Commis- 
sioners. 

In pursuance of this plan, during the year 1893, the following- gentle- 
men were given parties on behalf of the United States, namely: 

Mr. Dickins, on the Unuk River. 

Mr. Tittmann, on the Stikine River. 

Mr. McGrath, on the Taku Inlet. 

Mr. Ogden, on the Taku River. 

Their duties were to make surveys of these waterways, and to pro- 
cure as nuich information as possible as to the topography of the 
adjacent regions. Mr. Driscoll accompanied Mr, Ogden as attache 
appointed by the British Commissioner, and Mr. Robertson accom- 
panied Mr. Tittmann in a like capacity. Mr. Dickins' survey of the 
Unuk River was made in conjunction with Mr. Saint-Cyr, of the 
British Conmiission, who, besides making a traverse of the Unuk Rivei 



RELATIVE TO SOUTHEASTERN ALASKA. 525 

paid particular attention to the iiiouiitainous regions on either side of 
the river. 

On behalf of the British Commission, the following gentlemen were 
placed under instructions to make topographical surveys as full and 
complete as their means would allow: 

Mr. Saint-Cyr, the Unuk River and the mountainous region on 
either side of it. 

Mr. Klotz, adjoining him to the west and northwest towards Brad- 
field Canal. 

Mr. Talbot to the south and east of the Stikine. 

Mr. Gibbons, to the west of the Stikine. 

Mr. Brabazon, at Holkhaui Bav, on the east side of Stephens 
Passage. 

Mr. McArthur, at Snettisham Bay, and thence to Taku Inlet and 
Taku River. 

Mr. Ogilvie, to the north and west of Taku Inlet and east of Lj^nn 
Canal. 

The attaches of the United States Commissioner accompanying them 
were as follows: 

Mr. Flemer with :Mr. Talbot. 

Mr. Pratt wnth Mr. Gil)bons. 

Mr. Ritter with Mr. Brabazon. 

Mr. Welker with Mr. McArthur. 

Mr. Hodgkins with Mr. Ogilvie. 

Mr. Dickins working with Mr. Saint-C.yr as above stated. 

In addition to the above, the United States Commissioner stationed 
Mr. Morse at Sitka to make astronomical observations for the determi- 
nation of chronometric diti'erences of longitude between Sitka, as a 
base station, and the observatories established bv Mr. Dickins at Bur- 
roughs Bay, with Dr. Edmonds as observer; by Mr. Tittmann at Fort 
Wrangell. with Mr. Putnam as observer; and by Mr. Ogden at the 
mouth of the Taku River, with Mr. French as observer. At each of 
the above stations latitude and longitude were also determined. The 
United States steamer Jlas.s/rr was employed throughout the season in 
making the necessar}^ exchanges of time, the chronometers being in 
charge of Mr. Lord. 

The parties w ere on the ground, and the work begun in the middle 
of May, and the early snow falls i-endering mountain work impossible, 
it was found necessary to retire from the field in Septeml)er. 

During the following year, 181)4, the following parties were placed 
in the field: 

On behalf of the United States Commission — 

Mr. Pratt, on the Chilkat Inlet and River and on Chilkoot and 
Taiya Inlets and Taiya River, he being engaged chiefi}' in triangulation. 

Mr. Dickins, on Unuk River and Chilkat Inlet. 

Mr. Flemer, on Chilkoot and Taiya Inlets. 

Mr. Ritter, on Chilkat Inlet and River. 

Mr. McGrath, on the coast westward from Yakutat Bay and at 
Lituya Bay. 

Mr. Morse, at the Sitka longitude station. 

Latitude and longitude wei-e determined at the observatory at 
Anchorage Point, Pyramid Harl)or, the steamer JLissler making the 
necessary chronometer trips as before. 

Mr, Hayford made the observations at Pyramid Harbor, and Mr. 
Pao-e had charo-e of the chronometers on the Ilasshr. 



526 ttEOGRAPHICAL AND TOPOGRAPHICAL INFORMATION 

On behalf of the British Commission — 

Mr. Stiint-Cvr, at the head of the Porthmd Canal and thence to the 
Chickaniin River. 

]Mr. Klotz. around Bradtield Canal. 

Mr. Gibhons. on the north of Fredei'iek Sound from Hoi'n Cliffs to 
Port Houohton. 

Mr. Qoilvie. on the east eoa.st of Lynn Canal, also on the outer 
coast beyond Cape Spencer. 

Mr. Mc Arthur, at the north end of Lynn Canal and later on the 
outer coast at Lituya Bay. 

Mr. Talbot, on the west side of L^nm Canal toward Glacier Bay. 

Mr. Robertson accom])anied ]\lr. Pratt's party as attache for the 
British Connnissioner. Excei)t in this instance, the system of attaches 
was discontinued l)y mutual consent of the Conmiissioners. 

Durino- the winter of lSl>-i-l>5. a party under 'Sir. Ogilvie ascended 
the Taku River for the purpose of gainino- additional information as 
to the region extending- thence to the vicinity of White and Taiya 
Passes, which lead from Lynn Canal to the interior; but, on account of 
tempestuous weather, the expedition was obliged to return, having' 
accomplished nothing- beyond a traverse survey of part of Taku River. 

During- the season of 1895, Mr. Brabazon was detailed by the British 
Commissioner to the region lying between the mouth of the Alsek 
River and Yakutat Bay. 

Mr. Welker and jVlr. Dickins were sent l)y the United States Com- 
missioner to connect the surveys made in former years by the United 
States Coast and Geodetic Survey in Portland Canal with those in 
Revillag-igedo Channel, and to determine more accurately the longitude 
of the stations along- the Canal. 

Mr. Dickins and Mr. Welker were placed in charge of parties in 
Alaska, and Mr. Morse was stationed at Seattle as astronomer for the 
redetermination of the difierences of longitude between that point and 
the observatories at Port Simpson, B. C, at ]\Iary Island. Alaska, and 
at a station at the head of Portland Canal. The observations for lati 
tude and longitude were made by Mr. French at Port Simpson, by 
Mr. Dickins at Mary Island, and by Mr. Welker at Lion Point, Portland 
Canal. 

Mr. Young was in charge of the chronometers carried by the steamer 
C'iti/ of Topel'n l)et\veen Seattle and the stations at Port Simpson and 
Mary Island. 

Comparisons between Port Simpson and Lion Point were effected by 
the United States launch Fhc((. 

The results of all these surveys are exhibited in the accompahying- 
maps, namely, sheets Nos. 1 to 24. made on a scale of 1:16(»(»0(> with 
contour lin(>s of elevations 250 feet apart, from the surveys of the 
British Conmiission; and in maps Nos. 1 to 12 of the United States 
Connnission, made on the same scale. 

These maps have been agreed to b}' us, subject to the limitations 
hereinafter set forth, as correct representations of the topographical 
features, and have been signed by us to testify thereto. In submitting 
two sets of maps which cover the same ground, and which, to a large 
extent, have been prt^^ared independently in the offices of the respective 
commissioners at Washington and Ottawa, it is understood that wherever 
there is a difference Itetween the maps, either from different methods 
of representing- the topography or from discrepancy as to the position 



RELATIVE TO SOUTHEASTERN ALASKA. 527 

of natural featuros or othorwiso, sucli (litforoiioe is to l)e interpreted 
by reference to the hereinbefoi'e-descril)ecl seluMue of partition of the 
survey worlc between tlie respective commissions, and where the sur- 
ve3's cover the same, or nearly the same ground, the maps are to be 
taken as mutually explanatory, having- regard to the conditions under 
which each survey was made. 

The continental shore line, from latitude 54^ 40', to Point Coverdon, 
at the southwesterly entrance to Lynn Canal, having been sarve3'ed 
bv the Tnited States Coast and (reodetic Survey, the United States 
maps shall, in case of discrepancy, govern as to the shore line; so also 
from Yakutat Bay to tiie one hundred and forty-first meridian. But 
from Point Coverdon northwesterly to Yakutat Bay, including Glacier 
Bay and the other bays which, with the exception to the entrance to 
Lituya Bay. have not been so surveyed, the maps of the British Com- 
mission shall govern. The shore line of the islands of the Alaskan 
Archipelago have been mapped according to the surveys of the United 
States Coast and Geodetic Survey, wherever such survey has been 
made; elsewhere the best information available has been used. 

To show the topographical features of the country in another way, 
we herewith submit photograi)hic views, ])eing contact prints from 
the photographic negatives of the officers of the British Commission, 
whose work was largely executed as to the detail, or ''tilling in" by 
means of these views, according to the method known as photo-topog- 
raphy, the framework being laid out b}' triangulations which are 
shown in sheets Nos. 25, 26, 27, and 28 of the British Commission. 
These views will also serve as a permanent record of the field work. 
Plans of the triangulation executed by the officers of the United States 
Commission are submitted herewith on sheet No. 13 of the United 
States Commission. 

Besides the information contained in the maps, we have to report as 
to the point of commencement named in the treaty of 1825, that the 
latitudes of Capes Muzon and Chacon as determined by the British 
observers are as follows: Cape Muzon, 54*^ 39' 50"; Cape Chacon, 54° 
41' 25". 

As determined by the United States observers these latitudes are: 
Cape Muzon, 54- 31)' 48"; Cape Chacon, 54- 41' 22". 

These results are so nearly alike that there is no practical discrep- 
ancy between them. 

Also, the sunuuit of Mount St. Elias is l)v the best determination in 
latitude 00- IT' 35.10" and longitude 14o"- 55' 47.32", being 28.830 
nautical miles from the line of coast west of Yakutat Bay and 2.41 
statute miles east of the one hundred and forty -tirst meridian. 

We conceive it unnecessary for us, having prepared maps showing 
so much detail, to enter into a lengthy description of the topography. 
It may be well, however, to add some remarks upon the mode of occur- 
rence of timber, since this is not shown on the maps. 

Speaking broadly, we may say that the average altitude of the tim- 
ber line between Burroughs Bay and Lynn Canal is 2,500 feet, being- 
a little higher in the south and a little lower in the north. Timber 
line is primarily a matter of heat, so that altitude and latitude have 
similar eflect. However, in a countrv of which so much has but 
recently been uncovered from glaciers, timber line is afiected by 
another factor, and that is the presence of soil for trees to take root. 
As the foot of a mountain is first exposed, the forest starts there and 



528 



GEOGRAPHICAL AND TQPOGRAPHICAL INFORMATION 



in time, as exposure and consequent disintegTation take place, creeps 
upward. Now, there are many points in the area above referred to 
where this process of forest creeping- has not yet reached the limit set 
b}' climatic conditions, and hence we tind timber lines near each other, 
but varying in altitude by hundreds of feet. This is most noticeable 
on the west side of Lynn Canal. Naturally, we would expect the tim- 
ber line in the south to be higher than in the north; but, as a matter 
of fact, it is the reverse there, l)eing scarcely 2,0U0 feet for the former 
and nearly 8, 0(H) feet for the latter. In general, the timber line on 
the east side of Lynn Canal is somewhat higher than on the west side. 
Around Juneau the timber line does not reach the 2,000 feet limit. 
Between the entrance of Glacier Bay, across Dundas and Taylor 
Bays and Cape Spencer, the timber line may be put at 2,000 feet above 
the sea. 

In Glacier Bay, northward from the entrance, the timber line rapidly 
descends, and in the northern part the forest practically disappears 
altogether. In fact, along many of the smaller bays there, no wood 
whatever is found. This phenomenon is plainly indicative of the recent 
recession of the vast complex of glaciers. On the outside, between 
Lituya Bay and Cape Spencer, the line is barely 2,000 feet, while in 
Yakutat Bay it is 1,500 feet. Most of the mountains between Yakutat 
Ba}^ and Lituya Ba}' are not timbered at all; but this is probably 
due — up to 2,000 feet — to the fact already" stated, i. e,, that the recession 
of the glaciers is too recent to admit of the necessar}^ disintegration 
for vegetation to spring up, as well as to the effect upon the tempera 
ture of the nearness of the existing glaciers. 

The altitude of the timber line at various points is as follows: 





Maximum. 


Average. 


Portland Canal . . 


2,600 
2,900 
2,800 
2,700 
2, 700 


2, 500 




2, GOO 


Biirrnnfrhs Ba v , 


2, 500 


BradfieM's Canal 


2,500 




2,500 




2,500 






2,500 




2.500 
2,700 


2,300 




2,400 


Taku Inlet " 


2,200 




2,900 
3,000 
2, 400 
1,500 


2,500 


Head of Lvnn Canal 


2, 500 




2, 000 











It is understood and agreed that in signing this joint report and 
signing and accepting the maps they have submitted, it is not there- 
fore affirmed or admitted by the Commissioners that there is authority 
for the application of the names used to designate the various places, 
mountains, bays, channels, islands, etc. 

In witness whereof we have hereunto set our hands at Albany, New 
York, this 31st day of December, 1895. 

W. W. DUFFIELD, 

United States Coriim/ss inner. 

W. F. King, 
ITer Majesty's Commissioixer. 

Note. — The charts and photographic views prepared jointly by the United States 
and British Coniniissioners will be jjresented to the tribunal upon their assembling at 
London. 



RELATIVE TO SOUTHEASTERN ALASKA. 529 

2lr. T'dttndun to the Secretary of State. 

Treasury Department, 
Office of the Coast and Geodetic Survey, 

Washhujton, April 10, 1903. 
Hon. John Hay, 

Secretary of State. 

Sir: In reply to the question. ''What are the facts, and especially 
what is the evidence presented by the joint survevs and exploi'ations 
of the International Boundary Coininission of 1893-1895 in regard to 
the existence of a mountain range in Southeast Alaska corresponding 
to that contemplated as the line of demarcation by Articles 3 and 4 of 
the treaty of 1825,'' I beg leave to submit the following statement, 
based on personal observation and a study of the maps. 

In March, 1893, I was an Assistant in the Coast and Geodetic Sur- 
vey and went to Alaska for the purpose of making a survey of the 
Stikine River, in charge of one of the surveying parties sent out to 
make a joint international survey of the region ])etween the head of 
Portland Canal and the 141st meridian, in the vicinitv of Mount St, 
Elias, 

I began work near the mouth of the Stikine River in May, 1893, 
and continued engaged on the river until the latter part of August. 
The work was commenced in May by measuring a base conjointl}' with 
the Canadian surveyors for our common use. I then took my party 
up the Stikine River to the vicinity of a place which Mr. Hunter, the 
Canadian surveyor, had in 1877 determined as distant 10 marine 
leagues from Pt. Rothsay at the mouth of the Stikine. My survey 
extended down the river to where it joined the work of our other 
surveyors coming up the river, thus completing the work assigned to 
me. I determinevl the position and altitude of mountain peaks which 
could be seen from various ])oints on the river, including several peaks 
about eight miles distant from the river, and approximately ten marine 
leagues from the coast. These peaks were Kate's Needle on the west 
and Big Mountain on the east. I paid special attention to identifying 
and locating the crest of the mountains which would conform to the 
line of demarcation under the treaty of 1825 between Russia and Great 
Britain, but found that within the ten marine league limit there is a 
total absence of that continuity and system which would constitute a 
mountain range parallel to the coast. 

In my report to the Superintendent, dated April 17, 1894, I stated 
as follows: 

The group of mountains to tlie westward of the Stikine, of which Kate's Needle 
appears to be the highest, overtops tlie mountains between it and the eoast, and the 
same remark holds good of Big 3Iountain and Pinnacle, to the eastward of the river. 
Whether the mountains still farther inland are higher than those mentioned, I am 
unable to say, but it is evident that if this mountain region is to be regarded, in a 
broad sense, as a range, its crest does not lie ocean ward from these peaks. 

In 1900 I went in the service of the United States for the purpose 
of delimiting the provisional boundary between the United States and 
Canada under the Modus Vivendi of 1899. I went to the head of Lynn 
Canal, to Chilkoot Pass and White Pass, up the Chilkat River, follow- 
ing up the Klehini River we marked the limits of the provisional 
boundary on the ground. From the examination which I made I 
reached the conclusion, which was confirmed b}' a stud}' of the maps 

21528—03 41 



530 GEOGRAPHICAL AND TOPOGRAPHICAL INFORMATION 

of the Conmiis.sionei'8 of 1S'J8-1895, tluit there doe.s not exist any 
delined or continued mountain range or chain running generally parallel 
to the coast, and .situated anywhere oceanward from a line projected 
from the head of Lynn Canal southward and drawn to the 50th 
parallel to a point near the head of Portland Canal, such line ])eing 
parallel to the sinuosities of the coast line which proceeds around the 
bays and inlets and not more than ten marine leagues therefrom. 1 
also went up Glacier Bay, and state that there is no mountain axis 
which has a trend across that bay. 

I inclose herewith the affidavits of four gentlemen who were then 
ofhcei-sof the Coast and Geodetic Survey — Messrs. H. G. Ogden, W. C. 
Hodgkins, A. L. Baldwin, and J. A. Flemer — and who were likewise 
engaged on the joint international surveys of the boundary region. 
Mr. Flemer is no longer connected with the Coast and Geodetic Survey, 
having resigned al)out two vears ago. 
Very respectfully, 

O. H, TiTTMANN, 

Sf/perin ten dcid. 



T)<qKis.lfi<ni of Jlerhert G. (J<jdcn. 

City of Washington, District of Columhia, ss: 

I, Herbert G. Ogden, being duly sworn, depose and say: ]My name 
is Herl)ert G. Ogden; I am 57 years of age, and an Assistant in the 
Coast and Geodetic Survey and at present Inspector of Hydrograi)hy 
and Topography. I was in 1SU3 sent to Alaska to act in conjunction 
with the Canadians. There was to be an American officer in each party 
formed by the Canadians and a Canadian officer in each of our parties. 
We proceeded to San Francisco, W'here we met the ships that had been 
assigned for our transportation and from thence to Seattle and Vic- 
toria, where the Canadian parties joined us and followed us up to 
Alaska a few days later. We made the cruise to Alaska on the steam- 
ers Pdffei'snii and ILisshf. We put ashore at the mouth of the Cnuk 
River Mr. Dickins, Assistant in the Coast Survey, who joined the 
Canadian party that was to work up the Cnuk Kiver. Proceeding- 
farther, we put Mr. Tittmann ashore at ^^'rangell with the officers 
who were to accompany him, including the Canadian. 

At Holkham Bay 1 put an officer from my party ashore, Mr. Welker, 
who was to accompany a Canadian party, and transferred Mr, Hodg- 
kins to the Canadian steamer Quadra for duty with another Canadian 
party, and took on board the Patterson Mr. A. Driscoll, the Canadian 
who was to accompany my party. 'J'he ship then proceeded to Taku 
Inlet, where I landed with my whole party and also a party in charge 
of Mr. McGrath. My party was landed at the head of Avliat is called 
Taku Inlet about the iuth or 12th of May. On the way up from Dixon 
Entrance all of us were interested in obsci'xing the character of the 
country we were to develop. I felt particular!}' interested m3'self as 
we sailed up Taku Inlet, the appearance of that region striking me as 
one that was aliuost impassable. There were great peaks to l)e seen 
ahead, sharp and impossible of ascent, and it interested me and excited 
my curiosity, that I hoped to satisfy in the future, whether I could 
get around between them. Many of them were very much like the 
Sugar Loaf of our old atlases. Aly first effort after landing was to 



RELATIVE TO SOUTHEASTERN ALASKA. 531 

nmke a reconiiaissaiu-e with a canoe paitv up the I'ivcr. This r('<|uii-('d 
three or four days and gave me a view of the country foi- ahout ten 
miles al)ove the point where 1 sul)se(juently stoi)pe(l my survey of the 
river. 

A careful survey' was made of the Taku Kiver by a small triaiigula- 
tion as a base for it, which was a continuation of the scheme of tri- 
anguhition extending along the coast of Alaska. On this work I 
determined the contour and height of all the mountains that were 
visible from the bed of the river. The river valley is about three 
miles wide, and some of these peaks were proba))ly Hve or six miles on 
either side of it. 

In connection with this work on the Taku River I had a party under 
Mr. Welker landed at Holkham Bay, as l)efore stated, who ascended 
all the mountains with the Canadians: north of Taku Inlet, and in the 
region between Holkham Bay and Taku Inlet, I had my assistant, 
Mr. Hodgkins, with the Canadian party, who made all the ascents w^ith 
that part\\ The Canadian parties entered the Taku River and made 
some ascents of the mountains on the shores of the Taku Inlet, and 
one of the Canadian parties went part of the way up the Taku River, 
])ut not within ten miles or more of as far as I went. Those two 
otiicers who ascended the mountains were, unfortunately, restricted 
in their ascents by the operations of the Canadian parties, as they had 
no means of making an ascent independently. They both assured 
me, and I made careful inquiry from them, that, so far as they could 
judge from the character of the country as they observed it, there is 
no well-detined range of mountains passing through the region. 

Mr. Welker's sketch accompanying his report on the results of his 
work showed a very decided juml)le and nothing that could ])e con- 
strued into a range. Mr. Hodgkins was quite as emphatic that there 
was no range to the northward, ])ut both of them agreed that there 
were higher hills farther in the interior that they were not able to 
ascend or even determine. This information was partly in my pos- 
session when I took the steamer from the Inlet to the Stikine River, 
where my next work was to be taken up, and I more carefully ol)served 
the chai-acter of the country in the light of the information that had 
already been gathered. In one or two instances I went so far as to climb 
up the rigging that I might get a better chance to determine the rela- 
tion of the hills, the tops of which I could see. I was particularly 
careful in passing what is called the Devil's Thuml), which is one of the 
highest peaks along the coast. Around that mountain there were a 
number of other peaks somewhat similar in shape and apparently 
trending otf to the interior in a direction that would be at right angles 
to any coast range of mountains. 

On reaching the Stikine River I was joined by Mr. Dickins, who 
had completed his work with the Canadian party on the Unuk River. 
After a short period of htting out at ^Vrangell. in compliance with a 
memorandum 1 had received from ]Mr. Tittmann, who was at work on 
the upper Stikine, I continued the work up the river from its mouth 
where Mr. Tittmann had measured a base and connected it with 
Wrangell. On establishing a camp some 6 or 8 miles above Point 
Rothsay, at the mouth of the Stikine, I ascended the river in a canoe 
to Mr. Tittmann's camp up the river. This gave me an opportunity to 
see a large section of the country back from the shore connected with 
the region I had been studying, and gave further eontirmation of the 



532 GEOGRAPHICAL AND TOPOGRAPHICAL INFORMATION 

opinion I had fornied as the features were developing- that there was 
no well-delined range of mountains; that the peaks and hills we had 
observed immediately on the shores of the inlets were in the nature of 
detached groups, and might be called foothills, there being- much 
higher mountains behind them. My work on the Stikine ascended 
the river about 12 miles by the courses of the river, where I joined 
Mr. McGrath, who worked the section above me until he joined with 
Mr. Tittmann above him. 

From my observations made in Taku Inlet and on the Stikine River 
and in running along the coast, and from all information that I gained, 
1 am satisfied that there is not, within ten marine leagues from the 
coast, any contiiuious chain of mountains in the form of a summit 
range running from the o6th degree of latitude until it intersects in the 
northern direction with the 141st degree of longitude, 

Herbert G. Ogden. 

Subscribed and sworn to before me this ITth day of April, 1903. 
[seal.] N. G. Henky, Xotary PuhJic. 



Depodt'ion of IF. 61 Hod(jlins. 

United States of America, 

Dtxtrlvt of CoJumhla^ ss: 

William Candler Hodgkins, having first been duly sworn, deposes 
and says: 1 am forty-eight years old, and am a resident of Boston, 
Massachusetts; I am by profession a civil engineer; my official position 
is that of Assistant in the Coast and Geodetic Survey, i. e.. Assistant 
to the Superintendent of that service, in which I have been employed 
since July, 1871. 

In March. 181t3, I was assigned to duty, under the general direction 
of Mr. H. G. Ogden, in connection with the joint survey of Southeast- 
ern Alaska undertaken by the Govermnents of the United States and of 
Canada. I left Port Townsend, Washington, on the steamer Patievaon^ 
one of the vessels of the survey, and arrived at Port Simpson, the 
northern port of British Columl)ia, at alxnit the end of April. Port 
Simpson is situated at the junction of Portland Canal, Chatham Sound, 
and Dixon Entrance, and on a moderately clear day the mountains of 
Alaska are in plain view therefrom. 

Upon leaving Port Simpson, the Patterson passed through Behm 
Canal, between Ke\'illagigedo Island and the coast of the continent, to 
Burroughs Bay, where a party was landed for work on the Unuk 
River, which flows into Burroughs Bay. From there, the course of 
the steamer was first to the southwestward through Behm Canal until, 
after rounding Cape Caamano, we turned to the northward in Clarence 
Strait, having had the shores of Cleveland Peninsula on our starboard 
hand from the time we left Burroughs Bay. 

From Clarence Strait to Fort ^^'range^l our course lay through a 
passage between several hilly and densely W'ooded islands. In the 
vicinity of Fort Wrangell, the continental shore near the mouth of the 
Stikine River was again visible. 



RELATIVE TO SOUTHEASTERN ALASKA. 533 

After leaving- Fort Wrang-ell. at which point a jxirty was landed 
from the steamer Ifusshr, which was in company witli the Patfrrxo),, 
we passed through ^^'rano•ell Strait into Frederick S<nind. and thence 
up Stephens Passage to llolkham Bay. where a stop ua.s made. A 
Canadian party was landed at this point from the Dominion steamer 
Quadra, which accompanied the American steamers, and with that 
party went an American observer, Mr. Welker. At that point I was 
transferred to the Quadra to join the party of Mr. William Ogilvie, 
of the Dominion Land Survey, who was in charge of the northern sec- 
tion of the Canadian part of the surve}'. 

The Quadra^ on tiie following day, proceeded to Juneau, a mining' 
camp on the mainland shore of Gastineau Channel, which separates 
Douglas Island from the continent. Mr. Ogilvie and I landed and 
went into camp on Douglas Island, nearly opposite fluneau. on May \'l. 
As soon as possible, the work of mountain climbing was begun. Mr. 
Ogilvie's plan l)eing to make a photographic survey of the coastal 
region from Taku Inlet northward along Lynn Canal. For the pur- 
poses of such work, clear weather was absolutely necessary, both for 
the safety of the party in climbing these uidxuown mountains and for 
the purpose of making the necessary photographs when on a summit. 
Ascents were therefore made only in tine weather, which seriously 
limited their number. 

After some time spent at our first camp, we moved to another at 
the mouth of Sheep Creek, on the mainland southeast of Juneau, 
and from there to the mouth of the Taku River, where we spent the 
Fourth of July. From there we moved to a cove on the eastern side of 
Taku Inlet, at which point we had continuous rainy weather for three 
weeks, and from there to a camp at the upper end of Gastineau Chan- 
nel, northwest of Juneau, at which point I left ]\Ir. Ogilvie, when he 
was about to move farther north, and returned to Juneau and thence 
to Sitka, where 1 joined the I^dfcri^at about September tirst, in accord- 
ance with instructions received ])y me. 

Mr. Ogilvie remained in the lield a few weeks after my leaving him, 
but owing to bad weather he was not successful in making many more 
ascents, according to information which I subsequently received. 

With regard to the characteristics of the coast and of that portion 
of the interior which came under my observation, I can say that my 
recollection of the shore of the continent northward from Dixon 
Entrance is that in general the land rose al)i'uptly and sometimes pre- 
cipitously from the water's edge. My recollection is that the Cleveland 
Peninsula was less abrupt than the remainder of the continent, and 
that it rather resembled the larger islands in general features. The 
slopes were generally hea\ ily forested to a htMght of l.ooo or l.oOO 
feet, the altitude of the timt)er line varying consideral)ly in diti'erent 
districts, and generally growing lower with increasing latitude. The 
continental edge, though generally high, varied nuich in altitude, many 
summits being* above the average, while there were occasional breaks 
of lower land or cross valleys through which glimpses could lie obtained 
of higher mountains farther l)ack, although the mountains immediately 
bordering the coast generally served to prevent any extensive inspection 
of the interior. 

On the other hand, after ascending a mountain so as to be a])Ove this 
coastal barrier, an extensive view of many miles in almost any direction 
was open to observation. 



534 GEOGRAPHICAL AND TOPOGRAPHICAL INFORMATION 

The oencval character of the region between the Taku Inlet and 
Lynn Canal, which included most of Mr. Ogilvie's stations, is that of 
a plateau of ice and snow, from which rise numerous peaks, and which 
is carved into many short ridges separated by deep valleys, which 
are frecjuently occupied ))v glaciers. The summit elevations show a 
g'eneral tendency to increase with increasing distance from the coast. 
On the part of the coast near Juneau, the summits are from 2,0(MI to 
3,500 feet in height, while in the vicinity of the head of Taku Inlet the 
elevations are 4,000 feet or more, with higher mountains visililc far- 
ther back. The elevations also increase in going north along Lynn 
Canal. For a general description of the country surveyed during the 
season, I do not know that I can do better than to refer to my report 
of February 24, 18U4, to the Superintendent of the Coast and Geodetic 
Survey, as follows: 

"The work of the season covered a1)out 500 square miles of territory 
inclosed within a nearly equilateral triangle. All of this region was 
full of mountains, but I could see no indications of a dominating or 
nearly continuous range anywhere near the coast line. The mountain 
peaks are from 3,000 to 5,000 feet in height, with a general tendency 
to greater elevation above the head of Taku Inlet. The whole area is 
a network of short, steep-sided ridges, generally lying at right angles to 
the nearest shore and connected by short saddles nearly as high as the 
peaks. This formation seems to indicate that these ridges and valleys 
are the results of local influences of erosion l)y ice and watei'. Farther 
back from the shore, where ice and dry cold are the principal erod- 
ing influences, the peaks project sharply from the envelope of snow 
and ice, which stretches downward on their flanks to form countless 
glaciers — large and small. Far back in the country" to the northward 
could be seen the peaks of lofty mountains, which lie about 25 miles 
northward of the mouth of the Taku River, Whether these peaks are 
part of the backbone of the mountain system of this coast or not I 
am unable to say; but this, at least, is clear, that from every mountain 
ascended by Mr. Ogilvie. higher mountains could be seen to the north- 
ward. Nowhere did we attain the summit elevations of the sjstem." 

The operations of Mr. Ogilvie did not extend far into the interior, 
no one of the mountains which we ascended being more than <! or 7 
miles from the sea, to the best of my recollection. Higher mountains, 
with many sharp peaks and pinnacles, could be seen farther in the 
interior than we peneti'ated, and along the northeastern horizon the}^ 
assumed somewhat the appearance of a range, which appearance may, 
however, ha\ e been an illusion caused by perspective among the numei"- 
ous peaks. From all the observations.which I made while in Alaska and 
from all my knowledge of the region gath«'red not only from the ascent 
of mountains but from other investigations, it is my belief that there 
is no such continuous chain of mountains within ten marine leagues of 
the coast — that is, from the heads of the inlets and Ixu's, and running 
in a direction parallel to the general direction of the coast between 
Portland Canal and Lynn Canal, as seems to be contemplated in the 
language of the Angio-Kussian Convention of 1S25. 

W. C. HODGKINS. 

Subscribed and sworn to before me this lOth day of April, 1903. 
[seal.] N. G. Henry, Xotanj P>il>Jic. 



relativp: to s()itthea8Tp:rn Alaska. 5^5 

l)tp<)s')fiun of A. L. BuJdirni. 

rxiTKi) States of Ameuua, 

]V((sh!n<it(>)u J)' t. 

A. L. Baldwin, hjivin^' Ix'Oii duly sworn, deposos and says as follows: 
I am at present in the sorviceof the United States Goxernnient, holding- 
a position of eoniputer in the Coast and Geodetic Survey Ottice at 
Washino-ton, D. C. 

In the year 1893 I was Aid in the Coast and Geodetic Survey" and was 
ordered to report to Mr. O. H. Tittmann, then Assistant in the Coast 
and Geodetic Survey, for duty in Alaska. I was then twenty-three 
years of age. I proceeded, accompanied by Mr. Tittmann, from Port 
Townsend on the steamer Ilnxsh i\ Giles B. Harl)er, U. S. Navy, com- 
manding. We touched at Port Simpson April o(», crossed Dixon 
Entrance through the Kevillagigedo Channel, through the Tongass 
Narrows into Clarence Strait, following Clarence Strait and Stikine 
Strait, and anchored at Fort Wrangell. 

The first view we got of the mainland, excepting Cleveland Penin- 
sula, was in going through Stikine Strait. As we approached Fort 
Wrangell we saw the main shore, which, as far as we could see north 
and south, was very abrupt and very high, the mountains rising from 
o.dOi) to -t.ooo feet. ' At the mouths of all the streams there was a little 
tlat land, the shoreline elsewhere rising almost abi'uptly from the water. 

^^'e camped just below Point liothsay some two w(H'ks, getting our 
outfit ready and waiting for the steamer to take us up the Stikine 
Kiver. During that time the party made a triangulation from the 
astronomical station at Fort Wrangell to Point Rothsay. 

From Point Rothsay we proceeded up the Stikine River on the 
steamer Alashi, and camped at a point about ten marine leagues from 
Point Rothsay, measured on an air line. In proceeding up the river 
and returning-, and upon the frequent trips made by me up and down 
the river while engaged in my surveying- work in that vicinity, extend- 
ing over a period of four months, I had full opportunities for observ- 
ing the formation on both sides of the river. It was mountainous on 
V)o'th sides, very al)rupt, the river valley narrow, approximating one 
mile in width but varying in places. When we came to a bend there 
would be stretches of* low-lying land on the inside of the curve, while 
on the other side the river would be close under the precipitous moun- 
tains. There was no extent of view% except between mountain peaks 
which rose up abruptly from the valley in irregular order and con- 
tinued in this way all' the way up the river. As we passed the 
mouths of the rivers Iskoot and Katete we could see up these rivers 
and into the interior for a number of miles. As far as we could see, 
and we could see up the river at frequent intervals between the moun- 
tains, there appeared to be a continuation of irregular mountains 
extending into the interior and getting higher as we receded from the 
coast. Our camp was some miles above tlie entrance to the Porcupine 
River. I could see fi-om repeated points of observation that these 
irregular peaks continued to extend in a desultory way north and south 
andl)ack toward the interior and that at no point between our camp 
and the coast or from our cam}) was there a continuous or homogene- 
ous range of mountains extending parallel with the coast and which 



536 GEOGRAPHICAL AND TOPOGRAPHICAL INFORMATION 

stood out from and could ])e distinguished from the collection of 
mountain peaks as a continuous mountain range. 

1 left this camp, went to Fort ^^'rano•ell, and on the !^th day of June 
proceeded from there by the steamer JLn'sltr to Burroughs Bay, hy 
way of Stikine Strait, Clarence Strait, and Behm Canal. Wherever 
we followed the continental shore, as we did from the junction of 
Clarence Strait and Behm Canal to Burroughs Bay, the same topog- 
raphy w^as observed, the mountains rising precipitously from the 
water's edge. 

From Burroughs Bay I proceeded, on l)oard the //r/.y.vA;', to Sitka, by 
way of Behm Canal, Clarence Strait, Wrangell Strait, Frederick Sound, 
Chatham Strait, and Peril Strait, ^^'hen we came out of AA'rangell 
Strait into Frederick Sound we proceeded within sight of the coast. 
The coast formation along the wliole extent of the mainland, from 
where we came out of Wrangell Strait until we lost sight of it in pass- 
ing up Frederick Sound, was abrupt, high, and of the same character 
as 1 have described as existing near Fort Wrangell. On account of 
the height of the mountains close to the shore, I could not see far into 
the interior. 1 recall getting glimpses of glaciers through the sharp 
canyons of the shore. 

From Sitka I returned to Fort A\'rangell ))v way of Taku Inlet, going 
through Peril Strait, Chatham Strait, Lynn Canal, Stephens Passage, 
and Taku Inlet, At the junction of Stephens Passage and Favorite 
Channel I could see the main coast. This was of the same character 
as the main coast heretofore described by me. 1 do not recall that 
from this point I could see over the line of the main coast into the 
interior, my recollection being that we were not far enough away to 
see beyond the hills because the steamer was too close under the shore. 
Passing into Taku Inlet, the mountains continued precipitous, rising- 
high from the shore and continuing so up to the United States astro- 
nomical station and Ixu-dering both sides of the inlet. In Taku Inlet 
we were too close to the abrupt shore formation to see into the interior, 
except occasional glimpses into the valleys. 

In the year 18l4 I was again attached to a survey party in Alaska 
under Assistant John F. Pratt, embarking on the steamer Ilassler at 
Port Townsend, calling again at Port Simpson, Fort Wrangell, and 
Juneau, from thence to Pyramid Harbor, in Chilkat Inlet. In the 
whole length of Lynn Canal the same mountain formation exists as I 
have heretofore descril)ed, the mountains I'ising sheer from the water's 
edge. I could see almost nothing on account of the height of the 
mountains close to the shore. Later in the season, when we reached 
the head of Chilkoot Pass, we looked over into the drainage of the 
Yukon going north, showing a distinct watershed; until our arrival at 
this place it was a detached juass of heterogeneous mountains. 

In the year 1892 I was attached to a survey party in Alaska under 
Assistant John E. McGrath, embarking on the steamer ILooihr at San 
Francisco, calling at Port Simpson and then following the usual steamer 
route to Sitka, through Clarence Strait, \Vrang(dl Strait. Frederick 
Sound. Chatham Strait, and Peril Strait. I remember that, when in 
Frederick Sound, May 1:^. near its junction with Stephens Passage, the 
day was clear, which was somewhat unusual in that region. I saw dis- 
tinctly the high coast line, which was of the same general character as I 
have described heretofore, and back behind this coast line and above it 
were numerous mountain peaks which rose in an irregularway and were 
distinctlv higher than the mountain formation wdiich was near the 



relativp: to southeastern alaska. 537 

coast. One pociiliar shaft :il»out 50 miles distant, several hundred feet 
above the rest, 1 estimated in my journal at the time to have been 10,000 
feet hig-h. 

jNIy opportunities foi- seeing" the mountain formation along the coast 
and in the interior, within the territory described by me, were suffi- 
cient to enable me to say that there does not exist anywhere within 
those reg'ions, within ten marine leagues from the coast, anything like 
a defined mountain range extending in a general direction north and 
south parallel with the coast, and that the mountain formation along 
the coast, within the limits al)ove designated, and as far back as could 
be seen from the interior points which 1 have described, is a broken, 
irregular mountain system, composed of something like a high plateau 
with peaks here and there, without anything like the eontinuitv of a 
mountain range extending north and .south, and that the peaks in this 
system are higher as you recede from the coast; and that there is no 
such range as that above described and within the territory described, 
situated to the west of a line drawn from C'hilkoot Pass southerly to 
Iskoot River, said line being drawn parallel to the coast line which 
bounds the heads of the inlets, l)ays. and interior waters, and not more 
than ten marine leagues from same. 

There is not within any of the territory descril)ed l)y me any defined 
mountain chain running north and south generally parallel to the coast, 
which in its trend goes across the Iskoot, Stikine, and Taku rivers, or 
either of them, or across Taku Inlet or Lynn Canal, and which, but 
for being pierced liy them or either of them, would constitute what 
could be (disassociated from the surrounding peaks or mountains) des- 
ignated as a continuous or individualized mountain chain or range. 

A. L. Baldwin. 

Sworn to and subscribed before me this 16th day of April, 1903. 

[seal.] N. G. Henry, 

Notary PuhUc. 



Deposition of Jolm Adolpli Flemer. 

United States of America, 

Waslihiytoti^ 1). C: 

John Adolph Flemer, having been duly sworn, deposes and says as 
follow^s: I am a civil and topographical engineer l)y profession, and 
have practiced as such over fifteen years. I am no longer in the serv- 
ice of the United States Government. l)ut was in the employ of the 
same as Assistant in the United States Coast and Geodetic Survey in 
the year 1893, when I was for the first time ordered on duty in south- 
eastern Alaska, being subsequently sent there in the following year 
and again in 1898, having served in all three seasons in Alaska. 

In 1893, early in May^ I went to Alaska on the United States Coast 
and Geodetic Purvey steamer Jlasxler, G. B. Harber, U. S._ Navy, 
commanding, and after my arrival at Fort Wrangell I was assigned to 
one of the Canadian topographic field parties encam]ied there. The 
pirty I joined was under charge of Charles TallK)t, I). L. S.. whose 
instructions were to make a photo-topographic recomiaissance of the 
area south of the Stikine River and north of Bradfield Canal or Inlet. 

We spent the season following up the rivers and large streams in 
this area, changing camp as the work proceeded. \\e climbed numer- 
ous mountain peaks and gathered the data necessary for plotting the 



538 GEOGRAPHICAL AND TOPOGRAPHICAL INFORMATION. 

topographic feature;? of this region, which was based on a rough tri- 
angulation. We ascended the Stikine River as far up as the mouth of 
the Katete, about twenty miles from the coast, and encamped there to 
explore the northeastern part of the area allotted to us. During this 
season's work I ascended mountains 8,0o0 to 5.000 feet in height, located 
wnthin a ten-miles-wide coastal belt from the Stikine River in the north 
to Bradtield Canal in the south. 

The highest mountains in this section are considerably inland, 
apparently '2b to 3<» miles from the coast. We had an excellent oppor- 
tunity to familiarize ourselves with the character of the country, as 
the Canadians used the photo-topographic surveving method. We 
would climb the same mountain peak as often as three times, if neces- 
sary, before getting a clear view of the surrounding country and dis- 
tant panorama. 

The terrene of this section is very rugged and ])old, the numerous 
crags and peaks with their underlying mountain formation forming 
irregular masses with no indications of any range formation. The 
altitudes of the peaks in this section gradually increase from the coast 
inland. 

In the 3'ear 1S94 I was attached to Assistant J. F. Pratt's part}" and 
I was detailed to make a survey of Katzehin, Chilkoot, Skagway 
and D3"ea rivers, at the head of the Lynn Canal. In executing this 
work 1 made use of the photo-topographic method in a similar way as 
the Canadians applied it. While ascending the prominent mountains 
in the area allotted me a good opportunity was offered me to see much 
of the 'country inland. The sides of the Chilkoot and Dyea inlets rise 
abruptly from the water's edge to a height from 2,00(» to 4,000 feet. 
The valley bottoms of the rivers Katzehin, Chilkoot, Skagway, and 
Dyea, are narrow throughout, widening slightly where other rivers 
empty into them and at the mouths. They are bounded by steep 
hillsides and bold bluffs. 

In the year 1898 I was again ordered to southeastern Alaska to 
extend the surveys of the Tlaheena, Chilkat, Chilkoot, Skagway, and 
Dyea rivers, including the passes at their heads leading into the inte- 
rior, going inland as far as 30 miles from the coast. 

This topographic reconnaissance practically covered the same ground 
as the work of I8!>4, or rather it extended the work of that season far- 
ther inland. 

The mountains, which also here have the characteristic Alaskan rug- 
ged boldness, appear to form spurs and outrunners from what appar- 
ently is the divide between the drainage system of the headwaters of 
Lynn Canal and those of the rivers Alsek, Yukon, and Taku. 

As far as my observations in the territories described above have 
taken me. there is no indication of any coastal mountain rang(\ nor are 
there mountain formations strnng out in a dir(^ction north and south. 
On the contrary the areas genei'ally appear as a heterogeneous iuml)le 
of irregular mountain masses, their general heights increasing iidand." 
The country appears in a general way as a very roughly eroded plateau, 
sloping toward the coast, with irregular but bold projections, appear- 
ing isolated or in groups, never in continuous range or chain. 

John Adolph Flemek. 

Sworn to and subscribed before me this 17th da}' of April, 1903. 

[seal.] N. G. Henrt, 

Notarii Puhllc. 



MISCELLANEOUS DOCUMENTS, ETC. 



J//'. Tittinan to the Secretary of State. 

United States Coast and Geodetic Survey, 

Camp near KluJaran^ Alaska, Jane ^21, 1900. 
To the Honorable the Secretary of State. 

Dear Sir: Yesterday a delegation of about ten Chilkat Indians 
called on Mr. ^V. F. King, my colleague in the demarcation of the 
boundary- near Klukwan. Alaska. Their interpreter was an Indian 
named Philipps. who was educated at Carlisle. Pa. 1 joined Mr. King 
in hearing their appeal, which was eloquent and in many respects 
pathetic. They feared that the Canadians would establish a custom- 
house on the other side of the provisional l)oundary line near Klukwan 
and that they would be subjected to continuous and vexatious inter- 
ference by the Canadian authorities. 

The interpreter stated that the Indians were much excited by the 
marking of the boundary line. Mr. King and I are aware of a feel- 
ing of uneasiness among the whites at Haines Mission and along the 
Dalton trail, not on account of the boundary but because of the trial 
of eleven Indians at Skagway for the foul murder of a white man and 
his young and pregnant Avife some months ago. They were murdered 
not because of any special animosity against them. l)ut simply because 
shortly before, an Indian and a souaw were drowned by accident. For 
it seems that the custom of the Indians requires the death of the same 
number of persons belonging to some other tribe or nation under such 
circumstances. The whites along tlie Chilkat fear an uprising on the 
part of the Indians if the murderers are convicted and punished. 
Whether this fear is groundless I am unable to say, but we had this 
general feeling in mind when we listened to the Indians and informed 
them that it was useless to discuss the boundary matter with us. but 
that they might forward to our respective governments any appeal 
which they desired to make. 

To this they agreed and at their request we stated the substance of 
their appeal in a paper which the representative chiefs signed, and one 
copy of which ]Mr. King inclosed in an envelope addressed to the 
Governor-General of Canada, the other I addressed to the President of 
the United States. I inclose a copy of this document for your infor- 
mation. 

The Indians were in fear of becoming British subjects under the 
boundary arrangement, a possibility to which they were intensel}^ 
hostile. They also resent a boundary which cuts in two the valley in 
which they live and they have forebodings of their coming extinction 
as a tribal organization as the result of the white man's coming. I 
have ventured to write all this for your personal information. 
Yours, very respectfully, 

O. II. TiTTMANX. 

539 



540 MISCELLANEOUS DOCUMENTS, ETC. 

Kix'KWAN, Alaska, Wth Jane, 1900. 
To the President of the United States. 

Sir: We, the uiidersig-ned. representing the Indians living on the 
Chilkut Kiver, submit that we are dependent for our living- on hunt- 
ing, fishing, and trading above the provisional boundary line just 
estal)lished, which crosses the Chilkat River a little alxne our village 
of Klukwan. We have enjoyed these privileges from time innnemorial, 
free from the restrictions and charges imposed by custom-houses: and 
further, our trade with the interior Indians has been of the greatest 
importance to us. The boundary line which comes so close to our 
ancient settlement shuts us up in a small portion of the valle}' of which 
we have had so long the undisputed use, and will, we fear, unduly 
restrict us in our trade and avocations. "We therefore request that our 
former rights and privileges be guaranteed to us, and in that hope we 
address this petition to the Governments of the United States and 
Canada. 

Yalrawk (his X mark). 
George Shotridge (his x mark). 
Witnesses: 

O. H. Tittmann, 
W. F. King, 

Bo mi dory Com m issum ers. 



21r. Tittmann to the Secretary of State. 

Treasury Department, 
Office of the Coast and Geodetic Survey, 

Wash!n<jton, Ajn'iJ 13, 1903. 
Hon. John Hay, 

Secretary of State. 
Sir: I transmit herewith an affidavit from Adolph Lindenkohl, a 
draughtsman in the office of the Coast and Geodetic Survey, respecting- 
the map of Northwestern America, showing the territory ceded by 
Russia to the United States, compiled for the Department of State at 
the Coast Survey Office in 1867. 

I also inclose copies of letters exchanged in 1867 with Hon. W. H. 
Seward, Secretary of State, and the Assistant in Charg-e of the Coast 
Survey, relating to this map. 

Veiy respectfully, O. H. Tittmann, 

Super intendent. 



District of Columbia, 

City of WaKlihujton, kk: 

Adolph Lindenkohl. being duly sworn, deposes and says: That he 
is a resident of the city of Washington, was employed as draftsman at 
the United States Coast Survey prior to and during the year 1867, 
and has remained continuouslv in that service since that date: that 



MISCELLANEOUS DOCUMENTS, ETC. 541 

the map ol' ''Northwestern Aiiierira, showing- the Territory ceded by 
Kiissia to the United States, (•()nn)iied for tlie Department of State at 
the United States Coast Survey Ottiee, B. Pierce, Superintendent, 
1867,'' was prepared by deponent at the said ollice between the 20th 
day of March and the l;^>th day of April. lS(i7, and was cnoriived 
between the 23d day of ^Nlarch and the IHth day of April, 1867; that 
according to the records of the office 500 copies in black and red were 
printed betAveen the 20th and the 80th of April, 1867, which issue com- 
prised the first edition; that according to his recollection the publica- 
tion of the map was undertaken at the suggestion of Senator Sumner, 
wlio took special interest in it and visited the office during its pr(^,p- 
aration; that at one or more interviews between Senator Sumner and 
Professor Hilgard, the Assistant Superintendent, which took place at 
the office of the Coast Sui'vey, during which interviews deponent was 
present. Senator Sumner expressed himself as desirous that the map 
should be as accurate as possible, mentioned several sources of infor- 
mation and also appeared very solicitous to have the boundaries cor- 
rectly represented; that a copy of this map was subsequently furnished 
to Senator Sumner. And deponent further says that it appears from 
the records of the Coast Survey Office that the said fii-st edition was 
soon exhausted and the preparation of the second edition was com- 
menced on the 2d of May and it was published before the 25th of May, 
1867. 

Adolph Lindenkohl. 
Subscribed and sworn to before me this 13th da}" of April, 1903. 
[seal.] N. G. Henry, 

Notary Puhlic. 



Department of State, 

Washington, March 18, 1867. 
Benjamin Pierce, Esquire, 

SiqJtrintendent U. S. Qjast Surrey. 
Sir: I will thank you to forward to this Department, at your earliest 
convenience, a copy of any map of the Russian Possessions on the 
North West Coast of America which you may have at your disposal. 
If necessary it can be returned. 

I am, sir, your obedient servant, 

^ Villi AM H. Seward. 



Depart.aient of State, 

WaaJiington. April 10, 1867. 
J. E. Hilgard, Esquire, 

ZTniUd States Coast Survey. 
Sir: I will thank you for the return at your earliest convenience of 
the Maps of the Russian Possessions in America which you may have 
received from this Department. I will be glad to receive any photo- 
graphic copies of maps of that region which may ha\-ej)een prepared 
at the Coast Survey Office, or any maps produced with the aid of those 
submitted b}- Mr. de Stoeckl. 

I am, sir, your obedient servant, 

William H. Seward. 



542 miscellaneous documents, etc. 

Treasury Department, 
Coast Survey Office, 

WashuKjton, April 18, 1867. 
Hon. W. H. Seward, 

Secretary of State. 
Sir: 1 have the honor to send herewith twelve * copies of the Map of 
North Western America, which has l)een pi'epared at this Office in con- 
formity with your sno-o-estion. Any number of copies which you may 
desire are at your disposah 

Yours, very respectfull}', 



J. E. HiLGARD, 

Assixtant hi Cliarae. 



*Onlv 6 ready. 



Department of State, 

Washington, April 18, 1867. 
J. E. HiLGARD. Esquire, 

Ass/.stant in Cha nje of tlie (oaxt Survey. 
Sir : I have received your letter of this morning- and the six maps 
accompanying- it. I will thank you to cause one hundred of them to 
be printed for the use of this Department. 
I am, sir, your obedient servant, 

William H. Seward. 



EXTRACTS from THE WORKS OF CHARLES SUMNER. BOSTON, LEE AND 
SHEPARD, 1ST7. A OL. XI. 

Page 183: Note introductory to Mr. Sumner's speech in the United 
States Senate on the question of the acquisition of Alaska (or Russian 
America). 

•'Late in the evening- of Friday, March 20, 1867, Mr. Sumner, on 
reaching- home, found this note from Mr. Seward awaiting him: 'Can 
3'ou come to my house this evening? I have a matter of public busi- 
nes>) in regard to which it is desirable that I should confer with you at 
once.' Without delay he hurried to the house of the Secretary of 
State, only to find that the latter had left for the Department. His 
son, the Assistant Secretarv. was at home, and he was soon joined by 
Mr. de Stoeckl, the liussian ^Minister. From the two Mr. Sumner 
learned for the tirst time that a treaty was about to be signed for the 
cession of Russian America to the United States. With a map in his 
hand, the minister, who had just returned from St. Petersburg, explained 
the proposed l)oundarv, according to verbal instructions from the Arch- 
duke Constantine. After a brief convcM'sation, when Mr. Sunmer 
inquired and listened withoutexpressing any opinion, they left together, 
the Minister on his way to the Department, where the treaty was copy- 
ing. The clock was striking midnight as they parted, the Minister 
sa^'ing with interest, 'You will not fail us.' The treaty was signed 
about four o'clock in the morning of March 30th, being the last day of 
the current session of Congress, and on the same dav transmitted to 
the Senate and referred to the Committee on Foreign Relations." 



MISCELLANP:()rS DOCUMENTS, ET(\ 543 

[i-^xtriu't from ]\Ir. Sninner's ppeei'h in the Senate in support of the aerjuisition of 
Ru.-^sian Anieiica: Works, vol. xi, ]). 243; also 4 Fur .Seal ArI)itration, p. 295; 
Ayipendix to British Case, vol. i, p. (50.] 

'• Some of the l)est maps of this reg-ion arc l»y Germans, who excel 
in maps. 1 mention an exeelh'nt one of tlie Ahnitian Islands and the 
neighboring- coasts, especially to illustrate their orography and geol- 
ogy, which will be found at the end of the volume of Transactions of 
the Imperial Mineralogical Society at St. Petersburg, to which I have 
already referred. 

Late maps attest the tardiness of infoi'mation. Here, for instance, 
is an excellent map of North America, purporting to be published b}" 
the Geographical Institute of Weimar, as late as lS5i>. in which we have 
the Yukon i)ictured, very much like the Niger, in Africa, as a large 
river meandering in the interior with no outlet to the sea. Here is 
also a Russian map of this very region as late as 1801, where the 
course of the Yukon is left in doubt. On other maps, as in the 
Physical Atlas of Keith Johnston, it is presented, under another name, 
entering into the Frozen Ocean. But the secret is penetrated at last. 
Recent discovery, by the enterprise of our citizens in the service of 
the Telegraph Company, fixes that this river is an atHuent of the Kwich- 
pak, as the Missouri is an affluent of the ^Mississippi, and enters into 
Behring Sea l)v many mouths, between the parallels of <!2- and 63'. 

After the death of Major Kennicott. a division of his party, with 
nothing l)ut a skin ])oat. ascended the river to Fort Yukon, where it 
bifurcates, and descended it again to Nulato. thus estalilishing the entire 
course from its sources in the Rocky Mountains for a distance exceeding 
a thousand miles. I have l)efore me now an outline map just prepared 
by our Coast Survey, where this correction is made. But this is only 
a harbinger of the maturer labors of our accomplished Bureau, when 
the coasts of this region are under the jurisdiction of the United States. 

In closing this al>stract of authorities, being the chief sources of 
original information, 1 can not foi'bear expressing my satisfaction 
that, with the exception of a single work, all these are found in the 
Congressional Library, now so happily enriched by the rare collection 
of the Smithsonian Institution." 



Testimony secnred in the year 1S99 ainoittj llic C/i/thit Lidlans. 

War Department, 

W<i!<<h;ngtrm City, July £^, 1899. 

Hon. floHN Hay, Secretary of State. 

Sir: I have the honor to report that, in accordance with the instruc- 
tions of the Secretary of War. 1 proceeded to the head of Lvnn Canal. 
Alaska, to obtain the information requested in your letter of the 31st 
of May last, addressed to the Secretary of War. 

Sailing from Seattle, Wash., on the 24th of June. I landed at Skag- 
iiav, Alaska, on the 2lith of June. The district court was in session 
there, and before it was pending a case in which the Indians at the 
head of Lynn Canal were interested. The court adjourned in a few 
minutes to take the steamer to Sitka, and with the consent of his honor. 
Judge Johnson, 1 secured the services of the court interpreter. ]Mr. 
George Kostrometinoff. \s"\\.h his aid I obtained that afternoon the 
testimon}' of three chiefs of the Chilcat tribe Avho were in attend- 
ance on the court in the case mentioned. 



544 MISCELLANEOUS DOCUMENTS, ETC. 

1 then met the United States depiit}^ marshal at Skaguay, Mr. J. M. 
Tanner, who kindly offered to assist in any way he could. 

I gladly accepted his offer, and the next day he and 1113' clerk, Mr. 
F. B. Bourn, left by a small steamer for Haines Mission. The wind 
was blowing a gale and a heavy sea was running. They sent out mes- 
sengers from Haines Mission to the upper Chilcat village for the 
chiefs there to come into Skaguay, and returned late in the afternoon 
with several chiefs from the vicinity of Haines Mission. By Mondaj^ 
the 3d instant the chiefs of all of the Chilcat tribes had arrived at 
Skaguay. and on the -ith of July (Mr, Kostrometinotf having returned 
from Sitka, where he went with the court) I secured the testimony 
desired, and on the evening of that day sailed on the steamer Queen 
for Seattle, arriving there July 10. 

I inclose the testimony of the chiefs and subchiefs, as follows: Koo- 
too-at, George Sha-trage, Jack Kitchk, Da-nawak. Skin-ya, George 
Kah-oosh-tey, Yel-hak, Koow-tey-na-ah, David Ye-ka-sha, Yen-sheesh 
Johnson. 

Also the affidavit of the court interpreter, Mr. George Kostrometinoff'. 

The Indians who testitied are intelligent and understand the nature 
of an oath. Some of them understand English, but do not speak it 
well. It was necessary, therefore, to have an interpreter, so that they 
could testify in their own language. They had arranged to go into 
the interior of Alaska immediately upon the adjournment of the court, 
but consented to remain until their testimony could be taken in this 
matter. It was thus possible to obtain in a few days testimony which 
under ordinary circumstances might have required months to secure, 
as I was informed it is the custom of the Indians to go into the inte- 
rior on trading expeditions at this season of the year. 

Whatever measure of success has attended the obtaining of this tes- 
timony is due largely to Judge Charles S. Johnson, who permitted the 
court interpreter to aid me; to Mr. George Kostrometinoff', interpreter; 
to Mr. J. M. Tanner, deputy marshal, and to Mr. F. B. Bourn, clerk 
in the office of the Secretary of War, who rendered valuable assistance. 
Very respectfulh', 

John Tweedale, 

Majo'i\ U. S. Army, 
Assistaut CliUf Record and Pension Office. 



TESTIMONY OF KOO-TOO-AT. 

My name is Koo-too-at; I can not tell my age exactly, but I was 
about 2 feet high when Prince D. Maksootofl' was here; he was the 
last Russian governor of this Territory. I am a native of Chilcat and 
live at Tlak-wan village, I am one of the head chiefs of the Chilcat 
tribe; there are three Chilcat chiefs — myself, George Sha-trage. and 
Yel-hak. When Kent-a-Kous died I took his place. Kent-a-Kous 
was appointed private of Indian police for the village on the Chilcat 
River by Governor Lyman E. Knapp on the 1st day of February, 1891. 
The chief before Kent-a-Kous was Sha-trage, father of George Sha- 
trage, one of the present chiefs of the Chilcat tril)e. I remember the 
Russian occupation, and was quite a small boy when the Russians were 
here, and remember Prince Maksootoff', I know that the Russians 
used to live at Sitka; our fathers told us that they were Russian sub- 
jects, but we were young in those days and do [not] knoAV much about it. 



MISCELLANEOUS DOCUMENTS, ETC. 545 

rVe know now that we are Americans. Our fathers told us that this 
ras all Russian country and we were Russians. 
I am about 42 jears of age. 

his 
KOO TOO AT X 

mark. 

Witness: 

George Kostrometinoff. 
F. B. Bourn. 

Sworn to and subscribed before me at Skaguav, Territory of Alaska, 
his 29th day of June, A. D. 1899. 

John Tweedale, 

M<(j(»\ U. S. Arnnj. 

TESTIMONY OF GEORGE SHA-TRAGE. 

M}^ name is George Sha-trage; I think 1 am one year older than 
s[^oo-too-at; my mother told me I am one year older than Koo-too-at; 

am one of the head chiefs of the Chilcat tribe; my home is Tlak-wan; 

am the son of Sha-trage, who used to be head chief of the Chilcat 
ribe; I became chief about the same time as Koo-too-at; my father 
ras the head chief of the Chilcat tribe before 1 was, and after his 
ieath four of us became chiefs of our tribe, one of them by the name 
if Kin-tagh-koosh, who died since. I have always lived in this vicin- 
ty and remember the Russian occupation and recognized the Russian 
uthorities as the owners of this region, I have been down to Sitka 
wice with my father and have seen the Russian Hag. We and our 
athers and their fathers have always recognized the Russian authority 
nd considered ourselves Russian subjects. 

Our forefathers made the trail from Chilcat over the mountains to 
he Yukon, and every year we go on that trail to trade with the Indians 
II the interior for furs; have been using it for years. Last August I 
nd Koo-too-at went there to go over the trail to trade with the Indians. 
Ye were stopped by Canadian policemen, and they wanted us to pay 
i30 for every $100 worth of goods. I refused to pay. and so did 
Coo-too-at, and we returned. Last Februarj^ Koo-too-at went in the 
iiterior again. He was stopped by the Canadian policemen. They 
should not allow him to go any farther. He had 1(» rities with him 
or the purpose of selling them to the interior Indians for furs. After 

great deal of talk Koo-too-at paid them |27.70 and went on. 

his 

George x Sha-trage. 

mark 

Witnesses: 

Geor(3e Kostrometinoff. 
F. B. Bourn. 

So much of this statement as relates to me is true. 

his 
KoO-TOO-AT X 

mark 

W itness : 

George Kostrometinoff. 
F. B. Bourn. 

21528—03 42 



546 MISCELLANEOUS DOCUMENTS, ETC. 

Sworn to and subscribed before me by George Sha-trage and 
Koo-too-at at Skaguay, Territory of Alaska, this 29th day of June, 
A. D. 1809. 

John Tweedale, 

2Iajoi\ U. S. Artny. 

Koo-too-at further states that he was stopped by the Canadian 
police at the place called by the Indians Koo-tass-kee-koh. the place 
where the Canadian custom-house is located. They gaye him a receipt 
for the moue}^ paid, but he has left it at the Upper Chilcat yillage. 

his 
KoO-TOO-AT X 
mark. 

Witness: 

Geoege Kostrometinoff. 
F. B. Bourn. 

Sworn to and subscribed before me at Skaguay, Alaska, this 4th 
day of July, A. D. 1899. 

John Tweedale, 

Majoi\ U. S. Army. 

TESTIMONY OF JACK KITCHK. 

My name is Jack Kitchk; I am about 45 years of age; am a Chilkat 
Indian, and liye at the yillage called Tlak-wan, known as the Upper 
Chilkat yillage. I am one of the chiefs of the Chilkat tribe; haye two 
houses at that yillage. Have been chief about eight years — since 
Chief Sha-trage died, who was my uncle, and when he died I inherited 
his title according to the Thlinkit custom. The chief before Sha-trage 
was Ske-tle-kah. Haye always liyed at Tlak-wan, Chilkat. I remem- 
ber the Russian occupation, and remember Prince D. Maksoototf. who 
was the last Russian goyernor of this territory; they always claimed 
to be the owners of this country, and we were the Russian subjects and 
recognized their authority. I was told by my ancestors that the Rus- 
sians first settled at Wrangel and then at Sitka, and that they always 
claimed the Thlinkit country, which is southeastern Alaska, for many 
years. The Thlinkits can not giye exact dates, but it covers a number 
of generations. 

-Jack x Kitchk. 

mark 

, Witness: 

George Kostrometinoff. 
F. B. Bourn. 

Sworn to and subscribed before me at Skaguay. Territory of Alaska, 
this 29th day of June, A. I). 1899. 

John Tweedale, 

Maji>i\ Z. 8. Army. 

testimony of da-na-wak. 

^ly name is Da-na-wak; I do not know my age, but I am a xevy 
old man, probably 75 years old. I am a Chilcat Indian, and live at 
the yillage called Yen-de-sta-key, near the mouth of Chilcat River. I 
am the head chief of that village. I have been head chief of that yil- 
lage for many years. The chiefs before me were Kee-Kee, Nah-hoo, 
and Too-tagh-tick; the}" all died along time ago. Koo-tey-agh-too-tee 



MISCELLANEOUS DOCUMENTS, ETC. 5-17 

was the head chief of that viUage before the three chiefs mentioned. 
1 ^ remember the Russians, and they always claimed this portion 
of Alaska at the head of Lynn Canal as long- as 1 can remember; thc}^ 
claimed way beyond the upper village called Tlak-wan, on the Chilcat 
River. I recognized the Russian authorities as the owners of this 
region and always considered myself a Russian subject, and have always 
recognized the Russians or the United States as the owners of this 
region for a long time — for more than sixty years. 

his 

Da na wak X 

mark. 

Witness: 

George Kostkometinoff. 
F. B, Bourn. 

Sworn to and subscribed before me at Skaguav, Alaska, this 4th day 
of July, A. D. 1899. 

John Tweedale, 
Majof\ U. 8. Army. 

TESTIMONY OF SKIN-YA. 

^\x name is Skin-ya. I do not know my age — I am over 50 3'ears 
old. The name of my tribe is Chilcat. I live at the Haines Mission. 
I have always lived in this vicinity. I am one of the subchiefs of the 
Chilcat tribe, and when De-na-wak dies, who is now the head chief of 
the village Yen-de-sta-key, at the mouth of Chilcat River, and who is 
also the head chief of Dyea and Skaguay and Haines Mission. I will 
take his place. I have been for some time subchief. The subchief 
before me was Lou-nat; he is now dead; and the subchief before Lou- 
nat was Kee-Kee, who has been dead a long time. I remember the 
Russians. They claimed this portion of Alaska at the head of Lynn 
Canal. The Russian claim extended as far as the claim now made by 
the United States. 

1 recognized the Russians as the owners of this country and have 
always considered myself a Russian subject until the transfer to the 
United States. We and our fathers recognized the Russian authority 
over this country for a longer period than tifty years ago. 

My ancestors lived between Dyea, Haines Mission, and Yen-de-sta- 
key. For many years they have made a trail from Dyea into the inte- 
rior — a long- time ago — and since the Americans have settled at Dyea, 
since the gold excitement, every time our people go into the interior 
to trade goods the Canadian police stop them and make them pay duty 
before they can go any farther. They have been doing this for about 
a 3^ear. It makes us all feel bad that we have to pay duty to the Cana- 
dian police, and I hope that the Big Chief at Washington will make 
them stop doing that. 

bis 

Skin-ya. X 

mark. 

Witnesses: 

George Kostrometinoff. 
F. B. Bourn. 

Sworn to and subscribed before me at Skaguav, Alaska, this Ith day 
of July, A. D. 1899. 

John Tweedale, 

Major ^ U. S. Ai^my. 



548 MTSCELLANEOUS DOCUMENTS, ETC. 

TESTIMONY OF GEORGE KAH-OOSH-TEY. 

My name is George Kah-oosh-tey; about 52 years old; I am a Chiloat 
Indian, and live in the village of Tlak-wan, on the Chilcat River. I 
was born and raised there. I have been chief since 1887. 

Sha-trage was the chief before me; he is now dead. 8hke-Hee-Kak 
was chief before Sha-trage; he has been dead many years. 1 have 
recollection of the Russians being here, and they have alwavs had 
possession and claimed this country. We recognized the Russians as 
the owners of this country, and I alwa3"s considered myself a Russian 
subject, and we now consider ourselves as belonging to the United 
States, and we have recognized the authority of the United States and 
of Russia for more than fifty ycHirs. I remember the Russians coming 
here many 3'ears ago and establishing a fort at a place called Pyramid 
Harbor, the present site of Murrav's cannery, or, I should say, nn^ 
father told me this, and that they surveyed the mouth of the Chilcat 
River as far as the summer village called Took-kab-koow, where the 
Chilcat tribe make hulecon oil in the spring. 

his 

George x Kah-oosh-tey. 

mark. 

Witnesses: 

George Kostrometinoff. 
F. B. Bourn. 

Sworn to and subscribed before me at Skaguay, Alaska, this 4th day 
of July, A. D. 1899. 

John Tweedale, 
Major^ U. S. A7'my. 

testimony of yel-hak. 

My name is Yel-hak; 1 do not know my exact age, but I was born 
the same year as George Kah-oosh-tey, about fifty years ago. I am a 
Chilcat Indian — the name of my tribe is Chilcat. I live at the village 
called Tlak-wan, on the Chilcat River; 1 was born there and have always 
lived there; I am one of the Chilcat chiefs. 1 have been chief for 
man}^ years; Shka oo-yel was the chief before me, and also Kootch; 
they are both dead; died a long time ago. 

When I ])ecame chief my clan gave me the name of Kootch, the same 
name as the chief before me. I have recollection of the Russians here, 
and they claimed all of our country. 1 do not know exactly how far 
their claim extended, but way l)eyond the village of Tlak-wan. 

We recognized the Russian authorities as the owners of this region, 
and considered ourselves Russian subjects. My ancestors had papers 
from the Russian governor and a silver medal from the Czar. When 
the chiefs died who were before me I inherited the papers and the sil- 
ver medal, but lost them in going from Chilcat to Juneau when the 
canoe upset, about one year ago. I have always recognized the Rus- 
sians or the United States as the owners of this region at the head of 
Lynn Canal. My mother told me, who is now a very old woman and 
still living at the upper Chilcat village, that when she was a small 
girl she had seen Russians come to this counti'v. 

Key-tee-tey-tchoow was also one of the chiefs in my family many 
years ago, and when the Russians tirst came here he was then the 
chief of my clan. The Russian chief presented liim with a Russian Hag 
and armor made out of brass. The chief present here, Kah-oosh-tey, 
is also a member of mv clan. I think it was over one hundred years 



MISCELLANEOUS DOCUMENTS, ETC. 549 

ago when the Hiii;' and arnior were presented to Key-tee-tey-tehoow. 
It makes us feel l)ad to have to pay duty when we g-o in the interior 
over the trail from C'hileat to the Yukon; this trail that we use now 
has l)een in existence many years, made b}' our tribe; we never paid 
the duties before; it is only within a year that the Canadian police 
make us pay duty. ,^j^ 

Yel-hak X 
Witnesses: '"•■"•'- 

George Kostrametinofe. 

F. B. Bourn. 

Sworn to and subscribed before me at Skaguay, Alaska, this 4th 
day of July, A. D. 1899. 

John Tweedale, 

M(i}<n\ U. S. Ariity. 

TESTIMONY OF KOOW-TEY-NA-AH. 

My name is Koow-tey-na-ah. I do not know my exact age, but 1 
am over .50 years old. The name of my tribe is Chilcat, and live at 
the village called Tlak-wan, on the Chilcat River. I always lived 
there; was born and raised there. I am one of the chiefs of Chilcat 
tril)e, and have been chief a long time. The chief before me was 
Kah-nal-tchetl. He is dead many years ago. The chief before him 
was Stoo-woo-kah. He is also dead a long time. I have recollection 
of the Russians being here, and they claimed this portion of Alaska 
long ])efore the American possession, and the claim extended way 
beyond the village of Tlak-wan, as told me by my father. We recog- 
nized the Russians as the owners of this country, and I always consid- 
ered myself a Russian subject, and my father told me he was for many 
years. We recognized the ownership of Russia for more than fifty 
years. 

his 
KoOW-TEY-NA-AH. X 

Witnesses: ™'^''^- 

George Kostrometinoff. 
F. B. Bourn. 

Sworn to and subscribed before me at Skaguav, Alaska, this 4th dav 
of July, A. D. 1899. 

John Tweedale, 

2l<(jo/\ U. S. Army. 

TESTIMONY OF DAVID YE-KA-SHA. 

My name is David Ye-ka-sha. I am 42 years old. The name of 
my tribe is Chilcat. 1 live in the village of Tlak-wan on Chilcat River. 
1 always lived there. I am one of the chiefs of Chilcat tribe, and 
have been chief for a long time. The chief before me was Tak-tank, 
and the title and the property I inherited. He has been dead many 
years. The chief before Tak-tank was Kool-ye. He has been dead a 
long time. I remember the Russians being here. My parents also 
told me that they lived here for many years; they claimed this por- 
tion of Alaska. My father told me so! My father told me that they 
claimed way beyond the village of Tlak-wan. We recognized the 
Russian authorities as the owners of this region, and I considered 
myself a Russian subject. 1 was born under the Russian flag, and was 
in Sitka a good many times, where the Russian governor resided. I 



550 MISCELLANEOUS DOCUMENTS, ETC. 

haye always recognized the Russians or the United States as the own- 
ers of this country for a great many years — for more than fifty years. 

his 

DAyiD X Ye-ka-sha. 

mark. 

AN'itnesses: 

George Kostrometinoff. 
F. B. Bourn. 

Sworn to and subscribed before me at Skagua}^ Alaska, this 4th 
day of July, A. D. 1899. j^^j. Tweedale, 

Majoi\ U. S. Army. 

testimony of YEN-SHEESH JOHNSON. 

M}' name is Yen-Sheesh Johnson; I am about 35 years old; the name 
of my tribe is Chilcat; 1 liye at the yillage of Tlak-wan, on Chilcat 
Riyer; born and raised there. I am one of the subchiefs of Cbilcat 
tribe. I haye been subchief for six 3'ears. The subchief before me 
was Ska700-yel, who died six years ago; before him the subchief was 
Yan-te-ken-yel; he is dead many years. I personally haye no recol- 
lection of the Russians being here, but my father told me that the 
Russians claimed this country way beyond the yillage of Tlak-wan. 
M3" father and my grandfather told me that the Russian authorities 
always claimed this region, and I was born under the Russian flag. 1 
haye always recognized the Russians or the United States as the owners 
of this region. My parents told me that the Russians had been here for 
more than one hundred years. It makes me and my clan feel bad that 
the Canadian police demand duty from us when we go into the inte- 
rior for the purpose of trading; this demand has only been made dur- 
ing the past year. We haye neyer paid any duties until within a 
year, and eyery Indian that goes into the interior with goods has to 
pay duty to them now. his^ 

Yen-Sheesh x* Johnson 

mark. 

Witness: 

George Kostrometinoff. 
F. B. Bourn. 

Sworn to and subscribed before me at Skaguay, Alaska, this 4tli 
day of July, A. D. 1899. Jo^n Tweedale, 

Major., U. S. Army. 

I, George Kostrometinoff, depose and say that I am the United 
States court interpreter for the district of Alaska; born and raised at 
Sitka, Alaska; 45 years old; am well acquainted with the natiyes of 
this region and personally know the headmen or chiefs of all the 
tribes at the head of Lynn Canal; that the ten chiefs and subchiefs 
who haye testified on the 29th day of June and the 4th day of July, 
A. D. 1899, are all of the chiefs and subchiefs of the Indian tribes in 
this vicinity; that is, in the yicinity of Skaguay, Dyea, Chilcoot, 
Hames Mission, Pyramid Harbor, Yen-de-sta-key, and up as far as 
Tlak-wan, or the upper yillage of the Chilcat tribe, on the Chilcat 
Riyer. 

George Kostrometinoff. 

Sworn to and subscribed before me at Skaguay, Alaska, this 4th day 
of July, A. D. 1899. Jo^n Tweedale, 

U. S. Army. 



SUBJECT-INDEX TO THE CASE. 



Page. 

American occupation 86-102 

American protest against Russian claim to maritime sovereignty 13 

Appendix to Case, Contents of 'S 

Atlas of maps and charts accompanying the Case 4 

Auk and Taku Indians recognize authority of the United States, and visit 

Sitka 91 

Auk Indians, Jurisdiction of the United States over 87 

Baranof: 

appointed head of the Russian American Company 6 

becomes manager of the Shelikof Company 5 

Death of 8 

Resignation of, as head of the Russian American Company 8 

Base of mountains as a boundary objected to by Russia 55 

Bering's discoveries 4 

Boundary line: 

Hudson' s Bay Company gave prominence to 60 

No protest from Great Britain against map published in 1867 delimiting 

the 86 

Monument (Russian) marking, on the Stikine River 87 

Boundary negotiations. Object of Russia in the 65 

Boundary of Russian America: 

Bagot's first proposal of a 31 

Bagot protests against line proposed by Russian countei- draft of Febru- 
ary 24, 1824 49 

Bagot's second proposal of a 43 

Bagot's second proposed, substantially the one suggested by the Hudson's 

Bay Company 43 

Bagot's third proposal of a 45-47 

Bagot's ' ' ultimate proposition ' ' respecting 49 

Canning's proposal of a 42 

Difficulty of getting consent of Hudson's Bay and Northwest Companies 

to proposed 54 

Draft convention proposed by Great Britain July 12, 1824 54 

(ireat Britain declines to negotiate on, only 21 

Great Britain is willing to grant Russia's proposed, with certain qualifica- 
tions 53 

located definitely before reaching the mainland 53 

Lynn Canal proposed by Hudson' s Bay Company as 41 

Map used by Russian negotiators in considering Bagot's second proposed. 44 

Russian counter draft to Bagot's second proposal of a 43 

Russian motive in making counter draft of February 24, 1824 45 

Vancouver's charts used in considering Bagot's second proposal of a . . . 44 

British protest against Russian claim to maritime sovereignty 13 

Canneries (salmon) estal^lished at Pyramid Harbor in 1881 98 

I 



II SUBJECT-INDEX TO THE CASE. 

Case: Page. 

Contents of 3 

Reservation in, by United States of right to present other evidence to 

Tribunal 3 

Submission of, to Tribunal 3 

Census: 

Acts of United States authorities in relation to 99 

Of 1880 100 

Of 1890 96, 100 

Of the Indians on the mainland published by the Russians in 1861 74 

Cession of Russian America to the United States 82-84 

Chilkat and Chilkoot Indians: 

Captain Beardslee's dealings with 92, 93 

given chief attention by United States naval ofticers 91 

Chilkat and Stikine Indians kept at peace by the Russians 74 

War between, put an end to by American admiral 92 

Chilkat Indians: 

Captain Selden's visit to, in November, 1877 98 

Chief of, recognized authority of the United States 96 

controlled by Russia 73 

Establishment of a military post among, recommended 99 

First visit of a United States naval vessel to, in 1869 92 

give their allegiance to the United States 83 

Jurisdiction of the United States over 87 

Police (Indian ) among 99, 100 

Principal chief of, arrested by United States troops 88 

War in, quelled by Captain Beardslee 98 

Chilkat Inlet proclaimed Russian territory 73 

Chilkat region. Trade in, under the Russians 76 

Chilkat River, General Davis visits the, and interviews Indian chiefs 88 

Chilkoot Indians, Chief of, arrested for attack on a Catholic bishop 99 

Christianization of the Indians by Russia 73 

Civil government of Alaska, Act creating, passed in 1884 94 

Conclusion, Statement in 102-106 

Conference of American and British ministers as to ukase of September 4, 

1821 11 

Control by Russia of Indians 73-75 

Davis, Gen. J. C. : 

at head of territorial government 86 

visits most of the Indian tribes on the mainland 89 

Don-a-wak, chief of the Chilkats, recognized authority of the United States. 96 
Dryad: 

' Affair of 71,77-80 

Baron Wrangell's report of 80 

Hudson's Bay Company desired to establish a jiost 10 leagues up the 

Stikine with 79 

Ogden's report on 79 

Reason for the refusal of the Russians to allow, to ascend the Stikine 

River 77 

Fur trade: 

Conduct of 75-76 

Independent traders unite with the Shelikof United Trading Company in . 5 
Harmonizing the interests of, the object of the negotiations of 1822 and 

1823 28 



SUBJECT-INDEX TO THE CASE. Ill 

Page. 

Haines post-office estal)lislu'(l in 1882 101 

Hudson's Bay Company: 

Charter of 1821, to : 17 

Claim by, of extent of operations 19 

desired to establish a post 10 leagues up the Stikine 79 

establish a post on the Stikine beyond the boundary 76 

Formation of 15 

quietly withdraws from the leased lisiere at cession 86 

said to have a station 30 miles from mouth of the Stikine on l)oundary 

line 84 

Territory and jurisdiction of 16 

Union of, with North- West Company 17 

Claim of, to territory on the Northwest Coast 17 

Interests of, clash with those of the Russian American Company 28 

Post of, at mouth of Stikine saved from destruction by the Russian 

American Company 74 

Posts of, in New Caledonia 18 

Indians: 

Acts of United States authorities in relation to the control of 99 

Colonel Scott's report on 87 

Control of, by Russia 73-75 

Control of, by War Department 88 

Early attention given to, by United States 86 

Enumeration of, in the censuses of 1880 and 1890 100 

on the Stikine and at head of Lynn Canal required to pledge their 

allegiance to the United States 86 

recognize authority of the United States 94 

Joint international survey of 1893 85 

Jurisdiction of judicial authorities of the United States 95, 96 

Land claims. Registration of 100 

Liquor traffic on mainland. Efforts of United States Officials to suppress 89 

Russians endeavored to suppress 74 

Lisiere: 

Bagot's two propositions for a, of 10 marine leagues 56- 

Case of the Dnjad explains why Russia desired a 78, 79 

Census of 1880 in the 100 

Census of 1890 in the 96 

Control of Indians in the, by War Department 88 

Great Britain knew Russia's purpose in demanding a 68 

Great Britain wanted width of, to be settled 54 

Hudson's Bay Company withdraws from leased territory in 84, 86 

Importance of a, shown by the Russian plenipotentiaries 48 

Jurisdiction in the, by the judicial authorities of the United States 95, 96 

Lease of, by the Russian American Company to the Hudson's Bay 

Company 77, 78 

Privilege secured by Great Britain in 68, 69 

Russia insists on a 50 

Russian reasons for desiring a 51-53, 67 

Russian surveys along the 80 

Russian trading stations in, at Stikine River and other stations up to 

Chilkat Inlet 76 

Utmost limit of. Great Britain would be willing to concede 54 



TV SUBJECT-INDEX TO THE CASE. 

Lisiere — Continued. Page. 
Visit of inspection made to the inlets and rivers of the, by General 

Howard 89 

Width of 56, 60 

Width of 10 leagues proposed by Russia to meet desire of Great Britain. 57 

Loriot, Case of the 72 

Lynn Canal: 

American establishments at head of, in 1880 95 

AVestern side of, conceded to Russia in Bagot's first proposal 67 

formally taken possession of,* by the United States, after cession 86 

Mackenzie River, to be outside Russian boundary 29 

Map of coast of Southeastern Alaska made by the United States Coast 

Survey 83 

of Russian America prepared by United States Coast Survey at sugges- 
tion of Charles Sumner 84 

Maps: 

used in support of the Case of the United States 85 

Evidence of the 84-86 

prepared and published in 1826 and 1827 by the Russian Government, 

showing boundaries of Russian America 72 

Maritime pretensions of Russia: 

Formal renunciation of, desired by Great Britain 15, 59 

Protest against, by Great Britain and the United States 13 

Question of territory an important factor in the discussion regarding. . . 14 

Russia recedes from 14 

Military administration of Alaska 90 

Mines, Acts of United States authorities regarding the 99 

Mining claims: 

On Lynn Canal 101 

Registration of 100 

Monroe Doctrine: 

Effect of, on the negotiations of 1822 and 1823 35, 36 

Enunciation of, anticipated by Mr. Adams 24 

Mountains: 

Great Britain's former experience as to inaccuracy of maps in laying 

down 54 

Russia proposes, as a boundary 43 

Suppression of all mention of, in Russian counter draft 57 

Value of, as a boundary 60 

Navy: 

Control of, in the lisiere never questioned by British authorities 94 

Operations of the, in Alaska 90 

Negotiations of 1822 and 1823 11-36 

Effect of Monroe Doctrine on 35, 36 

Great Britain declines joint, with the United States at St. Petersburg . . 34 

suspended 29 

Negotiations between Great Britain and Russia in 1824 and 1825 40-63 

Abandonment of Russian maritime pretensions the essential object of. . 59 

broken off 56 

Bagot's report on the failure of 51 

Treaty agreed upon in 60 

Whole question of, referred by IMr. Canning to the Hudson's Baj' 

Company 52 

What Great Britain gained by ' 66, 67 

What Russia gained by 66 



SUBJEOT-INDEX TO THE CASE. V 

Negotiations between the United States and Russia in 1824: Page. 

Effect of, on negotiations between Russia and Great Britain 50 

What each gained by 66 

Negotiations for renewal of trading privileges 69-72 

New Archangel founded 6 

Northwest Coast: 

American jiroposal as to limits for settlements on 25 

Interests of Hudson's Bay Company on 64 

Interests of Russian American Company on 64 

Interests of the United States on 64 

Middleton's memorial relative to 33 

Russian occupation of 4, 72 

Spanish claim to 33 

North- West Company : 

Formation of 16 

Union of, with Hudson's Bay Company 17 

Occupation ( American) of the Uslere 86-101 

Pelly, J. H.: 

Letter of, September 25, 1822, to Foreign Office detailing interests of 

Hudson's Bay Company in western part of North America 18 

Letter of, January 8, 1824, to the Foreign Office regarding the negotia- 
tions of 1824 and 1825 40-42 

Letter of, March 27, 1822, to the Marquis of Londonderry regarding 

Hudson's Bay Company's claim to territory 17 

Police (Indian) among the Chilkats 99, 100 

Portland Channel, Importance of, to Great Britain 49 

Post-office on Lynn Canal established 101 

Prince of Wales Island within Russian possessions 49 

Regulations for navigation established by ukase of September 4/16, 1821 ... 10 

Revenue officers. Exercise of authority by 97-98 

Revenue vessels ( United States) made annual visits along the lisiere 98 

Russian American Company: 

Agreement between, and John Jacob Astor 8 

organized 5 

plans a chain of stations from the Stikine to Lynn Canal 76 

Powers of 6 

Privileges of, continued by ukase of September 13/25, 1821 10 

Trade of, with Indians on the mainland 75 

Russian control of the Indians 73-75 

Russian occupation • 72 

St. Dionysius redoubt established on the Stikine River 76 

Schools, Acts of United States authorities regarding 99 

Scott's, Colonel, report on Indians of mainland and islands of Alaska 87 

Selden's, Cajjtain, report of his visit to the Chilkals in 1877 98 

Seward, William H. : 

visits Alaska in 1869 - 88 

visits Indians near Lynn Canal 89 

Shelikof organizes the Shelikof Company 5 

Expeditions and explorations of 5 

Slavery among Indians abolished by the United States naval authorities ... 93 

Smuggling in the lisiere, Prevented by United States revenue officers 98 

Stikine Indians: 

Chief of, visits General Davis 88 

come under the authority of the United States 83 

General Howard's dealings with 89 



VI subjp:ct-index to the case. 

Stikine Imlians — Continued. Page. 

Jurisdiction of the United States over 87 

taken to Oregon for trial 91 

War between Chilkats and, ended by American a(hniral 92 

Stikine River: 

Doubt that the British customs post was as far up the, as it ought to be. 90 

Old Russian post at mouth of, taken possession of by the l,"^nited States. 86 

Russian boundary, monument on '. 87-88 

surveyed by the Russians 80, 81 

Transit of goods up the, to the Hudson's Bay Company's post 97 

Summit of mountains as a boundary agreed to by Great Britain 55 

Sumner, Charles, Map of Russian America prepared and published at 

suggestion of 84 

Survey (joint international) of 1893 85 

Surveys: 

of the Taku and the Stikine Rivers by the Russians 80, 81 

of the waters of the lisiPi-e made by United States naval vessels 93 

of the waters of Southea-3tern Alaska made by the United States Coast 

Survey 83 

( Russian ) along the Usiere 80-82 

Taku Indians 87, 88, 91 

Taku River surveyed by the Russians 80 

Territorial claim of Russia: 

British Government ])roposes latitude 57° N. as southern limit of 25 

controverted by Great Britain 19 

Establishment of barrier against British traders, the object of 29, 30 

Hudson's Bay Company's interests in 15 

Mr. Adams discusses the grounds of 23 

Mr. Adams proposes the parallel of 55° as the southern limit of 23 

Mr. Adams's plan of a joint treaty as to, of the three powers presented 

to Mr. Canning 34, 35 

Mr. Middleton submits a memorandum on 37 

Objection of Mr. Canning to a tripartite negotiation as to 35 

Reason for American opposition to 22, 23 

Russia's defense of, replying to Great Britain's claim to prior occupancy. 20 

Russia's statement of 29, 30 

Russian American Company's interests in 28 

Views of United States and Great Britain as to, dissimilar 27 

Territorial possessions of Russia in America, the United States had full knowl- 
edge of 84 

Territory, Acquisition of, not the object of the negotiations of 1822 and 1823 28 

Trading and fishing privileges in treaty of 1824 expire 69 

Treasury Department, Exercise of jurisdiction by 97, 98 

Treaty of 1824 between the United States and Russia 39 

American minister instructed to open negotiations for a renewal of 

Article IV of 70 

American minister submits a draft to Russian Government for renewal 

of Article IV of 71 

Notice given to American vessels of expiration of Article IV of 69 

Notice given to United States Government of expiration of Article IV 

of 70 

Object of United States in negotiating 39 

Russian statement of objects secured by 40 

Trading and iishing privileges in, expire 69 



subjp:ct-index to the cask. vii 

Page. 

Treaty of 1825 between Great Britain and Russia 62, 68 

Treaty of 1903 between the United States and Great Britain, Articles III 

and IV of 1-3 

Ukase of July 8, 1799 5 

Ukase of September 4/16, 1 821 9 

Middleton's memorial relative to 33 

Russia's reasons for issuing 11, 12, 63 

Ukase of Sept. 13/25, 1821, continues privileges of Russian American Com- 
pany 10 

Victoria Colonist, Views of the, as to the character and results of the Russian 

occupation and control of the Usiere 81 

War Department: 

Control of the Indians at head of Lynn Canal by the 88 

in control of Alaska for ten years after cession 86 



INDEX TO THE APPENDIX. 



Alaska: Page. 

American occupation of 345-510 

Census of 316, 489-492 

Cession and transfer of 324-344 

Civil government, statutes providing for, in 510 

Education in 479-489 

Geographical and topographical information 511-538 

Governors of, reports of 482—487 

Joint report of United States and British Commissioners 523-528 

Naval officers, operations of , in 361-407 

Post-offices in, list of 496 

Public lands, relative to 492-496 

Russian occupation of 251-323 

Treasury officers, operations of, in 447^79 

United States troops, withdrawal from 346 

Water boundary of, delineation of 522, 523 

Books. (<9ef Extracts. ) 
Boundary: 

Joint report of United States and British Commissioners 523-528 

Census. ((S^e Alaska, census of. ) 
Charts. (.S'eg ^Nlaps.) 
Charters. (»S'fc Ukases. ) 
Contre-projets. (&t' Drafts. ) 
Correspondence: 

Adams, John Quincy — 

From Middleton, Sept. 21 (Oct. 3), 1821 31 

From Poletica, Jan. 30 (Feb. 11), 1822 31,32 

ToPoletica, Feb. 25, 1822 32 

From Poletica, Feb. 28, 1822 32-36 

To Poletica, Mar. 22, 1822 36 

From Poletica, Apr. 2 (Mar. 21 ), 1822 37, 38 

To Middleton, May 13, 1822 39 

From Middleton, Aug. 22, 1822 42-14 

From Tuyll, Apr. 12, 24, 1823 46, 47 

To Tuyll, May 7, 1823 47 

To .^liddleton, July 22, 1823 47-52 

To Rush, July 22, 1823 52-56 

From Middleton, Sept. 19, 1823 56,57 

From Middleton, Nov. 1, 13, 1823 57, 58 

From Middleton, Dec. 1 , 13, 1823 58-65 

From Rush, Dec. 19, 1823 65-66 

From Rush, Jan. 19, 1824 66, 67 

From :\Iiddleton, Feb. 5, 17, 1824 67, 68 

From Middleton, Feb. 25, 1824 68, 69 

From Middleton, Apr. 7, 19, 1824 69-92 

From Middleton, Aug. 18, 30, 1824 92 

From Middleton, Feb. 17 (Mar. 1 ), 1825 224, 225 

I 



II INDEX TO THE APPENDIX. 

■Correspondence — Continued. Page. 

Addington, H. U. — 

To Canning, G., Aug. 2, 1824 189 

Bagot, Sir Charles — 

To Londonderry, Nov. 17, 1821 101-102 

From Londonderry, Jan. 19, 1822 105 

From Canning, C, Feb. 5, 1823 118-119 

To Canning, G., Feb. 10 (22), 1823 119 

From Canning, G., Feb. 25, 1823 119-120 

From Canning, G., July 12, 1823 123-124 

To Canning, G., Aug. 19 (31) , 1823 125-127 

From Canning, G., Aug. 20, 1823 124-125 

From Nesseh-ode, Aug. 22, 1823. (Text, 131 ) 132 

To Canning, G.,Oct. 17 (29), 1823 129-131 

From Canning, G., Jan. 7, 1824 69 

From Canning, G., Jan. 15, 1824 144-149 

To Canning, G., Mar. 17 (29), 1824 153-156 

From Canning, G. , Apr. 24, 1824 175 

From Canning, G., May 29, 1824 180, 181 

From Canning, G., July 12, 1824 181-185 

From Canning, G., July 24, 1824 187, 188 

To Canning, G., Aug. 12, 1824 190-195 

Ball, M. D.— 

To Treasury Department, Mar. 27, 1880 454, 455 

From Treasury Department, Apr. 7, 1880 455 

To Treasury Department, Jan. 1, 1881 456 

From Treasury Department, Feb. 19, 1881 456 

Baldwin, A. L. — 

Deposition of 535-537 

Bathurst, Earl — 

To Wellington, Sept. 14, 1822 107, 108 

Beardslee, Capt. L. A. — 

To Morris, Aug. 10, 1880 462 

From Morris, Aug. 11, 1880 463 

From Navy Department, Nov. 30, 1880 364 

To Navy Department, Apr. 28, 1881 363, 364 

Report on Alaska 364-377 

Canning, (t. — 

From Pelly, Sept. 25, 1822 109, 110 

To Wellington, Sept. 27, 1822 110-112 

From Wellington, Nov. 28, 1822 113 

From Wellington, Nov. 29, 1822 117 

From Lieven, Jan. 19 (31), 1823. (Text, 117) 117,118 

To Bagot, Feb. 5, 1823 118,119 

From Bag(jt, Feb. 10 (22), 1823 119 

To Bagot, Feb. 25, 1823 119,120 

From Canning, S., May 3, 1823 120-121 

From Lyall, June 1 1, 1823 121 

To Bagot, July 12, 1823 123-124 

• From Bagot, Aug. 19 (31), 1823 -.. 125-127 

To Bagot, Aug. 20, 1823 124-125 

From Bagot, Oct. 17 (29), 1823 129-131 

From Lyall, Nov. 19, 1823 142 

To Lieven, Nov. 25, 1823. (Text, 143) 143 



INDEX TO THE APPENDIX. Ill 

Correspondence — Continued. Page. 

Canning, G. — Continued. 

To Bagot, Jan. 7, 1824 69 

From Felly, Jan. 8, 1824 149-150 

To Bagot, Jan. 15, 1824 144-149 

From Bagot, Mar. 17 (24), 1824 153-156 

To Bagot, Apr. 24, 1824 175 

To Lieven, ]May 29, 1824 180 

To Bagot, May 29, 1824 180-181 

To Bagot, July 12, 1824 181-185 

To Bagot, July 24, 1824 187-188 

From Addington, Aug. 2, 1824 189 

From Bagot, Aug. 12, 1824 190-195 

To Lieven, Sept. 12, 1824 206-207 

To Ward, Sept. 13, 1824 207 

To Canning, S., Dec. 8, 1824 208-212 

From Canning, S.,Feb. 1 (13), 1825 212 

From Canning, S., Feb. 17 (Mar. 1), 1825 223-224 

To Canning, S., Mar. 15, 1825 227-228 

From Canning, S., Apr. 3 (15), 1825 228-229 

Canning, S. — 

To Londonderry, Feb. 19, 1822 106 

To Canning, G., May 3, 1823 120-121 

From Canning, G., Dec. 8, 1824 208-212 

To Canning, G., Feb. 1 (13), 1825 212 

To Canning, G., Feb. 17 (Mar. 1),1825 223-224 

From Canning, G., Mar. 15, 1825 227-228 

To Canning, G., Apr.3 (15), 1825 228-229 

Clay, Cassius M. — 

From Seward, Apr. 1, 1867 327 

To Seward, May 10, 1867 327-328 

To Seward, July 5, 1867 329 

From Seward, July 23, 1867 330 

To Seward, Nov. 21, 1867 317-318 

Coghlan, Admiral J. B. — 

To Navy Department, June 11, 1884 382-383 

To Navy Department, Mar. 16, 1903 401-402 

Conyngham, F., to shipowners' society, Nov. 26, 1823 144 

Corbin, Gen. H. C, to State Department, Mar. 31, 1903 345-346 

Coxe, William, {xee Extracts) 

Crabbe, General, to Russian foreign office, Oct. 14, 1867 522, 523 

Dall, William. H. {see Extracts.) 

Davidson, C^eorge, to Superintendent of United States Coast Survey, 

Nov. 30, 1867 341-.344 

Davis, Gen. Jeff. C. — 

Instructions to, Sept. 6, 1867 .353, 354 

Reports of 334, 354-358 

Dawson, George M. (*SV^ Extracts. ) 

Dickins, Asbury — 

From Krudener, May 19 (31 ), 1835 236 

To Krudener, June 3, 1835 237 

Dombaugh, Lieut. H. M., to Navy Department, Mar. 13, 1903 399,400 

Dougall, Allan H., to Attorney-General, July 25, 1892 410-413 

Doyle, J. A., to Treasury, Mar. 31, 1903 474, 477 

Drujinin, J., to Kankreen, Mar. 5, 1830 262-264 

21528—03 43 



IV INDEX TO THE APPENDIX. 

Correspondence — Continued. Page. 

Durham, Lord — 

To Nesselrode, Nov. 29 (Deo. 1 ), 1835 285-287 

From Nesselrode, Dec. 21, 1885 287-289 

From Nesselrode, INIar. 10, 1837 292-294 

To Nesselrode, Mar. 24, 1837 294-296 

Emmons, Lieut. G. T., to Navy Department, Mar. 28, 1903 402-406 

Enderby, Thomas, to Board of Trade, Feb. 7, 1824 151 , 152 

Etholine, A. — 

To Zarembo, June 13, 1834 270, 271 

To Zarembo, June 14, 1834 __ 271 

To Ogden, June 14 (26), 1834 269, 270 

Findlay, Alex. G. {See Extracts.) 

Flemer, J. A., deposition of 537, 538 

Forsyth, John — 

To Krudener, June 24, 1835 237 

From Krudener, June 29 (July 11) , 1835 238 

From Krudener, July 14 (26), 1835 239 

To Krudener, July 21, 1835 238 

To Wilkins, July 30, 1835 239, 240 

From Wilkins, Sept. 7, 1835 240, 241 

From Wilkin.s, Nov. 23, 1835 241-244 

From Wilkins, Dec. 11, 1835 246-248 

To Dallas, Apr. 19, 1837 248, 249 

Glass, Commander Henry — 

To Navy Department, Apr. 6, 1881 378 

From Woodworth, Mar. 3, 1881 377 

From Navy Department, May 6, 1881 378 

To Navy Department, May 9, 1881 379 

From Hanus, July 1, 1881 380, 381 

To Navy Department, July 9, 1881 379, 380 

Grant, Whit M., to Newell, :\Iar. 1, 1888 395, 396 

Gurief, Count D., to manager Russian-American Company, July 18, 1822. 40-41 
Halleck, Gen. H. W.— 

To Stanton, May 20, 1867 328 

To Scott, Sept. 3, 1867 346 

To Davis, Sept. 6, 1867 353, 354 

To Stanton, Nov. 25, 1867 330, 331 

Hanus, G. T., to Glass, July 1, 1881 380-381 

Harris, W. T., report on schools in Alaska, Sept. 15, 1898 480, 481 

Healy, John J. , to Governor Knapp, Oct. 23, 1891 458, 459 

Healy, M A., to Treasury Department, Mar. 30, 1903 477-479 

Hodgkins, W. C, deposition of 532-534 

Howard, Gen. O. 0. , report on Alaska, June 30, 1875 359, 360 

Howard, Capt. W. A. , report on Alaska 337-340 

Interior, Secretary of — 

To Secretary of State, Sept. 16, 1898 479, 480 

From Commissioner of Education, Sept. 15, 1898 480, 481 

To Secretary of State, Apr. 13, 1903 479 

Jackson, Sheldon — 

Report on education in Alaska 488, 489 

To State Department, Sept. 15, 1898 481, 482 

Deposition of -195, 496 



INDEX TO THE APPENDIX. V 

Correspondence — Continued. Page. 

Kankreen, Count — 

To Russian American Company, Sept. 4, 1824 92, 93 

From Severin, Feb. 27, 1830 2H1 , 262 

From Drujinin, Mar. 5, 1830 2()2-2()4 

From Severin, Nov. 27, 1834 232, 233 

From Nesselrode, Oct. 30, 1835 24o, 246 

From Russian American Company, Nov. 14, 1835 282-285 

From Nesselrode, Dec. 9, 1838 307, 308 

From Nesselrode, Jan. 4, 1839 312 

Ketchum, Hiram, to Treasury Department, Dec. 15, 1868 452,453 

Krause, Aurel. {See P^xtracts.) 

Krudener, Baron — 

To Dickins, May 19 (30), 1835 236 

From Dickins, Jan. 3, 1835 237 

From Forsyth, June 24, 1835 237 

To Forsyth, Jnne 29 (July 11 ), 1835 238 

To Forsyth, July 14 (26), 1835 239 

From Forsyth, July 21, 1835 238 

Lieven, Count — 

From Nesselrode, Oct. 7, 1821 . ( Text, 97 ) 99-100 

To Londonderry, Nov. 29, 1821. (Text, 97) 97-100 

From Londonderry, Jan. 18, 1822 104, 105 

From Wellington, Oct. 17, 1822 113 

From Wellington, Nov. 28, 1822 116, 117 

To Canning, G., Jan. 19 (31), 1823 117,118 

From Nesselrode, June 26, 1823. (Text, 121 ) 122, 123 

From Canning, G., Nov. 25, 1823 143 

To Canning, G., Nov. 26, 1823. (Text, 143) 143 

From Nesselrode, Apr. 17, 1824. (Text, 169) 172-175 

To Nesselrode, May 20 (June 1 ), 1824. (Text, 175) 177-179 

To Nesselrode, May 21 (June 2), 1824. (Text, 179) 179-180 

From Canning, G., May 29, 1824 180 

To Nesselrode, July 13 (25), 1824. (Text, 185) 186,187 

From Nesselrode, Aug. 31, 1824. (Text, 195) 200-206 

From Canning, G., Sept. 12, 1824 206, 207 

To Nesselrode, Sept. 19 ( Oct. 1 ) , 1824. ( Text, 207 ) 208 

From Nesselrode, Feb. 20 (Mar. 3), 1825. (Text, 225) 225, 226 

From Nesselrode, Mar. 13, 1825. (Text, 226) 227 

To Nesselrode, May 8, 1825. (Text, 229) 230, 231 

Lindenberg, Lieutenant — 

Survey of Stikine River, 1837 303 

Survey of mouth of Chilkat River, 1838 312 

Lindenkohl, Adolph, deposition of '^-^^ii 5"H 

Londonderry, Marquis of — 

From Nicolay, Oct. 31 (Nov. 12), 1821. (Text, 94) 9.5-97 

From Bagot, Nov. 17, 1821 101, 102 

From Robinson, Nov. 20, 1821 102 

From Lieven, Nov. 29, 1821. (Text, 97) 9^,100 

To Bagot, Jan. 19, 1822 105 

From Canning, S., Feb. 19, 1822 106 

From Pelly, Mar. 27, 1822 106,107 

Lull, Connnander Edward P., to Navy Department, Sept. 8, 1881 382 



VI INDEX TO THE APPENDIX. 

Correspondence — Continued. Page. 

Lyall, Joseph — 

To Canning, G., June 11, 1823 121 

To Canning, G., Nov. 19, 1823 142 

McCrackin, Lieut. Alex., to Newell, June 11, 1887 392-394 

McLoughlin, John— 

From Ogden, Dec. 20, 1834 271, 272 

To Hudsons Bay Company, Mar. 17, 1835 272, 273 

Meade, Commander R. W. — 

ToCraven, Jan. 7, 1869 362 

To Craven, Feb. 1, 1869 362 

Middleton, Henry — 

To Adams, Sept. 21 (Oct. 3), 1821 31 

From Adams, INIay 13, 1822 39 

To Russian Foreign Office, July 24, 1822 44, 45 

To Nesselrode, July 27, 1822 45 

From Nesselrode, Aug. 1, 1822 45, 46 

To Adams, Aug. 8, 1822 42, 44 

From Adams, July 22, 1823 47,52 

From Nesselrode, Aug. 22, 1823 57 

To Adams, Sept. 19, 1823 56, 57 

To Adams, Nov. 1 (13), 1823 57,58 

To Adams, Dec. 1 ( 13), 1823 58-65 

From Rush, Dec. 6, 1823 80 

Confidential memorial of Dec. 17, 1823 59-63 

From Rush, Dec. 22, 1823 80,81 

From Rush, Jan. 9, 1824 81 

To Adams, Feb. 5 (17), 1824 67,68 

To Adams, Feb. 25, 1824 68, 69 

From Nesselrode, Mar. 20, 1824 86 

To Adams, Apr. 7 (19), 1824 69-92 

To Adams, Aug. 18 (30), 1824 92 

To Adams, Feb. 17 (Mar. 1), 1825 224,245 

Milbanke, John B. — 

To Nesselrode, July 13, 1837 296, 297 

From Nesselrode, Apr. 28, 1838 297-302 

To Nesselrode, Oct. 6, 1838 304-307 

Mofras, (de) Duflot. ( >S'ee Extracts. ) 

Moore, Benj. P. — 

To Treasury Department, Feb. 23, 1 894 460 

To Treasury Department, Mar. 29, 1895 460, 461 

Mordvinof, Admiral — 

To Nesselrode, Feb. 20 (Mar. 3), 1824 152,153 

From Nesselrode, Apr. 11, 1824 166-169 

Morris, William Gouverneur — 

To Treasury Department, Mar. 12, 1 880 453, 454 

ToBeardslee, Aug. 11, 1880 463 

To Treasury Department, Dec. 7, 1881 461-470 

Navy, Secretary of, to Secretary of State, Apr. 6, 1903 361 

Nesselrode, Count — 

To Lieven, Oct. 7, 1821. (Text, 97) 99,100 

From Middleton, July 27, 1822. 45 

To Middleton, Aug. 1, 1822 45,46 

From Tuyll, Oct. 21 (Nov. 2), 1822 112,113 



INDEX TO THE APPENDIX. YII 

Correspondence — Continued. Page. 

Nesselrode, Count — Continued. 

To Wellington, Nov. 11, 1822. (Text, 114) 115, 116 

To Middleton, Aug. 22, 1823 57 

To Bagot, Aug. 22, 1823. (Text, 131 ) 132 

From Pdletica, Nov. 3, 1823. (Text, 132) 137-142 

From Mordvinof, Feb. 20 (Mar. 3), 1824 1.52, 153 

To Middleton, Mar. 20, 1824 86 

To INIordvinof, Apr. 11, 1824 166-169 

To Lieven, Apr. 17, 1824. (Text, 169) 172-175 

J' rom Lieven, May 20 (June 1 ), 1824. (Text, 175) 177-1 79 

From Lieven, May 21 (June 2), 1824. (Text, 179) 179-180 

From Lieven, July 13 (25), 1824. (Text, 185) 186, 187 

To Lieven, Aug. 31, 1824. (Text, 195) 200-206 

From Lieven, Sept. 19 (Oct. 1), 1824. (Text, 207) 208 

To Lieven, Feb. 20 (Mar. 3), 1824. (Text, 225) 225,226 

To Lieven, Mar. 13, 1825. (Text, 226) 227 

From Lieven, May 8, 1825. (Text, 229) 230-231 

From Wilkins, Oct. 23 (Nov. 4), 1835 242 

To Kankreen, Oct. 30, 1835 245, 246 

From Wilkins, Nov. 5, 1835 242 

From Wilkins, Nov. 1 (13), 1835 242-244 

To Wilkins, Nov. 8, 1835 244 

From Wilkins, Nov. 9, 1835 244 

From Durham, Nov. 29 (Dec. 1), 1835 285-287 

To Durham, Dec. 21, 1835 287-289 

To Durham, Mar. 10, 1837 292, 293 

To Durham, Mar. 10, 1837 294 

From Durham, Mar 24, 1837 294-296 

From Milbanke, July 13, 1837 296, 297 

ToMilbanke, Apr. 28, 1838 297-302 

From Milbanke, Oct. 6, 1838 304-.307 

To Kankreen, Dec. 9, 1838 307-308 

To Kankreen, Jan. 4, 1839 312 

Newell, Lieut. Commander J. S. — 

To Navy Department, May 18, 1887 384-387 

To Swineford, May 23, 1887 387, 388 

To Navy Department, May 24, 1887 388 

From Swineford, June 1, 1887 388, 389 

From McCrackin, June 11, 1887 392-394 

To Navy Department, J une 16, 1887 391 , 392 

To Swineford, June 20, 1887 395 

From Swineford, June 21, 1887 389 

To Swineford, June 23, 1887 390 

From Grant, Mar. 1, 1888 395, 396 

Nichols, Commander H. E. — 

To Navy Department, Sept. 20, 1884 383 

To Navy Department, June 8, 1886 383 

Nicolay, Baron, to Londonderry, Oct. 31 (Nov. 12), 1821. (Text, 94).. 95,97 

Ogden, Herbert G. , deposition of 530-532 

Ogden, Peter Skeen — 

Report of on transactions at Stikine, 1 834 . . .- 267-270 

From Etholine, June 14 (26), 1834 269, 270 

To Wrangell, June 20, 1834 269 

To McLoughlin, Dec. 20, 1834 271, 272 



VIII INDEX TO THE APPENDIX. 

Correspondence— Continued. Page. 

Pelly, J. H.— 

To Londonderry, Mar. 27, 1822 106, 107 

To Canning, G., Sept. 25, 1822 109, 110 

To Canning, G., Jan. 8, 1824 149, 150 

To , Oct. 24, 1835 278, 279 

Pennock, Admiral A. M., to Navy Department, July 31, 1873 362, 363 

Postmaster-General, to Secretary of State, April 8, 1903 496 

Poletica, Count Pierre — 

To Adams, Jan. 30 (Feb. 11), 1822 31, 32 

From Adams, Feb. 25, 1822 32 

To Adams, Feb. 28, 1822 32-36 

From Adams, Mar. 22, 1822 36 

To Adams, Apr. 2 (Mar. 21) , 1822 37, 38 

To Nesselrode, Nov. 3, 1823. (Text, 132) 137-142 

Pradt, Max— 

To Swineford, May 27, 1887 390 

To Treasury Department, July 12, 1890 457, 458 

Robinson, Christopher, to Londonderry, Nov. 20, 1821 102 

Rush, Richard — 

From Adams, July 22, 1823 52-56 

To Middleton, Dec. 6, 1823 80 

To Adams, Dec. 19, 1823 65-66 

To Middleton, Dec. 22, 1823 80-81 

To Middleton, Jan. 9, 1824 81 

To Adams, Jan. 19, 1824 66, 67 

Scott, Lieut. Col. Robt. N.— 

" From Halleck, Sept. 3, 1867 346 

Report on Alaska, Nov. 12, 1867 347-353 

Secretary of Treasury — 

To Secretary of State, Sept. 15, 1898 447 

To Secretary of State, Apr. 10, 1903 447 

Selden, J. M., to Treasury Department, Nov. 12, 1887 472, 473 

Severin, Andrew — 

To Kankreen, Feb. 27, 1830 261,262 

To Kankreen, Nov. 27, 1834 232, 233 

Seward, Fred W. {See Extracts.) 

Seward, William H. — 

To Coast Survey, Mar. 18, 1867 541 

To de Stoeckl, Mar. 23, 1867 325, 326 

From de Stoeckl, Mar. 25, 1867 326 

From de Stoeckl, Mar. 29, 1867 326 

To Clay, Apr. 1, 1867 327 

To Coast Survey, Apr. 10, 1867 541 

From Coast Survey, Apr. 18, 1867 542 

To Coast Survey, Apr. 18, 1867 542 

From Clay, May 10, 1867 327, 328 

To de Stoeckl, May 13, 1867 328 

To Stanton, May 25, 1867 329 

From Clay, July 5, 1867 3^:9 

To Clay, July 23, 1867 330 

To de Stoeckl, Aug. 13, 1867 330 

Simpson, Governor George — 

To Russian- American Company, Mar. 20, 1829 259, 260 

{See aUo Extracts.) 



INDEX TO THE APPENDIX. IX 

Correspondence — Continuetl. Page. 

Smith, W., to Russian-American Company, Dee. 16, 1829 260, 261 

Stanton, Edwin ]M — 

From Halleck, May 20, 1867 828 

From Seward, May 25, 1867 .329 

Stewart, Lieut. John W., to Navy Department, Mar. 14, 190:5 401 

Stoeckl (de), Edward — 

From Seward, Mar. 2.3, 1867 325, 326 

To Seward, Mar. 25, 1867 326 

To Seward, Mar. 29, 1867 326 

From Seward, May 13, 1867 328 

From Seward, Aug. 13, 1867 330 

Stowell, Lord, to Melville, Dec. 26, 1821 102, 103 

Swineford, Governor A. P. — 

From Newell, May 23, 1887 387, .388 

From Pradt, May 27, 1887 390 

To Newell, June 1, 1887 388, 389 

From Newell, June 20, 1887 395 

To Newell, June 21, 1887 389 

From Newell, June 23, 1887 390 

Tikhmenief, P. (<S'fe Extracts. ) 

Tittmann, Superintendent O. H. — 

To State Department, June 21, 1900 539 

To State Department, Apr. 13, 1903 540 

To State Department, Apr. 16, 1903 529, 530 

Thomas, Gen. George H., report on Alaska, Sept. 27, 1869 358, 359 

Tuyll, Baron — 

To Nesselrode, Oct. 21 ( Nov. 2), 1822. (Text, 112) 112, 113 

To Adams, Apr. 12 (24), 1823 46, 47 

From Adams, May 7, 1823 47 

Tweedale, Maj. John W., to State Department, July 24, 1899 543,544 

Wellington, Duke of — 

From Bathurst, Sept. 14, 1822 107,108 

ToLieven, Oct. 17, 1822 113 

From Nesselrode, Nov. 11, 1822. (Text, 114) 115, 116 

To Canning, G., Nov. 28, 1822 - 113 

White, Capt. J. W.— 

Report of cruise of Wayaiula 470, 471 

To Treasury Department, Aug. 12, 1877 472 

To Treasury Department, Sept. 11, 1879 473, 474 

Wilkins, William — 

From Forsyth, July 30, 1835 239, 240 

To Forsyth, Sept. 7, 1835 240, 241 

To Nesselrode, Oct. 23 (Nov. 4), 1835 242 

To Nesselrode, Nov. 1 (13), 1835 242-244 

To Nesselrode, Nov. 5, 1835 242 

From Nesselrode, Nov. 8, 1835 244 

To Nesselrode, Nov. 9, 1835 244 

To Forsyth, Nov. 23, 1835 241-244 

To Forsyth, Dec. 11, 1835 246-248 

Woodworth, Midshipman John E., toCJlass, .Mar. 3, 1881 377 

Wrangell, Baron — 

Circular letter to American traders 232, 233 

To commanders of foreign trading vessels. May 15 (27), 1834 268, 269 

To Russian-American Company, Apr. 30, 1835 274-278 



X INDEX TO THE APPENDIX. 

Decisions : Page. 

By civil authorities of Alaska 388, 395-396 

Customs duties, collection of, in Alaska 455 

Depositions: 

Lindenkohl's, relative to map of Alaska compile<l in 1867 540, 541 

Testimony taken in Alaska in 1903 413-446 

Testimony taken in Alaska in 1899 543-550 

Of Coast and Geodetic Survey experts 530-538 

Drafts: 

Treaty of 1824— 

Projet of United States of Feb. 8, 1824 82, 83 

Contre-projet of Russia of Feb. 20, 1824 83 

Contre-projet of United States of Feb. 23, 1824 84 

Contre-projet (second) of United States of Feb. 23, 1824 84 

Projet of convention by Russia, Mar. 22, 1824 85, 86 

Projet of United States of Mar. 24, 182-1 87, 88 

Contre-projet of Russia of Mar. 28, 1 824 88, 89 

Projet of United States of Mar. 31, 1824 89, 90 

Projet of protocol 90 

Protocol of Apr. 2 ( 14) , 1824 91 

Protocol of Apr. 5 (17), 1824 91, 92 

Treaty of 1825— 

Bagot's verbal projet 154 

Counter draft l)y Russian plenipotentiaries. (Text, 157) 158 

Amended proposal by Bagot. (Text, 158) 159 

Observations of Russian plenipotentiaries on Bagot's amended pro- 
posal. (Text, 160) 161 

Bagot's reply to observations. (Text, 162) 163 

Final deci.«ion of Russian plenipotentiaries, ^lar. 17 (29), 1824. 

(Text, 164) 164,165 

Memorandum of Mar. 12, 1824. (Text, 165) 165, 166 

Draft of convention sent by G. Canning to Bagot, July 12, 1824... 181-185 

Counter draft of Russian plenipotentiaries. (Text, 192) 193-195 

Explanations with regard to contre-projet 205, 206 

Canning's contre-projet of Feb. 1 (13), 1825. (Text, 213) 215-217 

Canning's projet altered and corrected by Matusevich. (Text, 218) 220-223 

Trading privilege of the United States 247, 248 

Dryad Affair 267-315 

Extracts : 

"Alta," article on transfer of Alaska 335, 336 

"British Colonist," article on Russian America 321-323 

Coxe, William, "Account of Russian Discoveries" 254-256 

Dall, William H., "Dryad Affair " 321 

Dawson, George M., "Discovery and Exploration of Stikine" 320, 321 

Findlay, Alex. G. — "Directory for Navigation of Pacific Ocean" 521,522 

Imperial Gazetteer — Article on "Russian America" 522 

Krause, Aurel — 

"The Tlinkit Indians" 256-259, 501-506 

"The Chilcat Territory," etc 506-508 

Mofras (de), Duflot — "Exploration of the Oregon Territory " 521 

Seward, Fred W. — "Visit of Secretary Seward to Alaska " 497-501 

Simpson, George — " Visit to Russian America " 318-320 

Statutes of tlie United States relative to purchase, organization, and 

administration of Alaska 509, 510 



ITS^DEX TO THE APPENDIX. XI 

Extracts — Continued. Page. 

Sumner, Charles, relative to puri'hase of Alaska 331-333, 542, 543 

Tiklinienief, P.— " liistoric^al Keview of Russian Amerit-an Company". 313-317 

Times (London)— Article on "Dryad Affair" 280-281 

Hudson's Bay Company: 

Lease of lisi^re by 31 1, 312 

Transportation of cargoes up Stikine River 450-153 

Indians: 

Appointment of Chief Toyons over 316 

Census of 316, 489-492 

Certificates and badges given to, by Russians 309 

Sale of firearms to 259-261 

Reports of United States naval and military officers on 347-359, 402-406 

Trade with 233, 266, 273, 291-292 

Trails constructed by, report and decision on 392-396 

Interior Department, reports relative to schools, census, etc 479-496 

Justice, Department of, report on actions of judicial authorities in Alaska . . 407-446 

Lands: 

Russian system of division 317 

Statement of the United States General Land Office relative to 492-495 

Letters. {See Correspondence. ) 

Lisiere, lease of 311-312 

Logs of naval vessels 396-399 

Loriot case, note on 249 

Maps: 

Compiled for State Department in 1867 537, 538; 541, 542 

List of 511-520 

Russian marine, memorandum on .* 251-253 

Memorials: 

Canning's, in instruction to Bagot, Jan. 15, 1824 1 44-151 

Middleton's (confidential) of Dec. 17, 1823 59-63 

Mines : 

Abstract of locations of 494, 495 

Statement of General Land Office relative to 493-495 

Miscellaneous documents, etc 539-550 

Navy Department, operations of officers of 361-407 

Newspapers. ((Slee Extracts. ) 

Notice issued by United States Government in 1845 250 

Pardons of Indians tried in Alaska 407, 408 

Periodicals. (»SW' Extracts. ) 

Petitions, citizens of Alaska to civil authorities of 384; 390 

Post-Office Department, list of post-offices in Alaska 496 

Projects. {See Draita.) 

Protocols. (.SVe Drafts. ) 

Publications. ((S'ee Extracts. ) 

Russian American Company: 
Charters of. ( ^'ec Ukases. ) 
Correspondence of otficials of. {See Correspondence. ) 

Dryad affair 274-278, 282-285, 289-291 , 309-311 

Foreign trade in possessions of 234-236, 264-267 

Historical review of ( Tikhmenief ) 313-317 

Statutes of the United States, extracts from, relating to Alaska 509, 510 

Trade on Northwest Coast, correspondence prior to 1824 relating to 63-65 

Trading privilege of the United States 232-249 



XII INDEX TO THE APPENDIX. 

Treasury Department: Page. 

Customs service, establishment and maintenance of, in Alaska 447-453 

Special agents, collectors, and inspectors — 

Instructions to 455, 456, 458, 460-461 

Reports of 448-455, 456, 457, 458, 460, 461-470 

Revenue-marine officers, reports of 470-479 

Treaties: 

United States and Great Britain, treaty of Jan. 24, 1903 1,6 

United States and Russia — 

Treaty of Apr. 5(17), 1824 (text 8) 10-12 

Treaty of Mar. 18,1867. (Text, 17) 20-22 

Great Britain and Russia — 

Treaty of Feb. 28 (16), 1825. (Text, 12) 14-16 

Articles III and IV, literal translation of Russian text of 7-8 

Treaty of 1843, extract from 17 

Treaty of 1859, extract from 17 

Trials by judicial authorities in Alaska 407-413 

Ukases: 

Of July 8, 1799 23,25 

Of Sept. 4, 1821 25,26 

Of Sept. 13, 1821 26-28 

Of Mar. 29, 1829 28,29 

Of Oct. 10, 1844 29, 30 

War Department : 

United States troops in Alaska 345-360 

o 



.:!! 



